Forslag til EUROPA-PARLAMENTETS OG RÅDETS FORORDNING om statut for og finansiering af europæiske politiske partier og europæiske politiske fonde (omarbejdning)
Tilhører sager:
- Hovedtilknytning: Forslag til Europa-Parlamentets og Rådets Forordning om statut for og finansiering af europæiske politiske partier og europæiske politiske fonde (omarbejdning) {SEC(2021) 577 final} - {SWD(2021) 359-60 final} ()
- Hovedtilknytning: Forslag til Europa-Parlamentets og Rådets Forordning om statut for og finansiering af europæiske politiske partier og europæiske politiske fonde (omarbejdning) {SEC(2021) 577 final} - {SWD(2021) 359-60 final} ()
- Hovedtilknytning: Forslag til Europa-Parlamentets og Rådets Forordning om statut for og finansiering af europæiske politiske partier og europæiske politiske fonde (omarbejdning) {SEC(2021) 577 final} - {SWD(2021) 359-60 final} ()
- Hovedtilknytning: Forslag til Europa-Parlamentets og Rådets Forordning om statut for og finansiering af europæiske politiske partier og europæiske politiske fonde (omarbejdning) {SEC(2021) 577 final} - {SWD(2021) 359-60 final} ()
- Hovedtilknytning: Forslag til Europa-Parlamentets og Rådets Forordning om statut for og finansiering af europæiske politiske partier og europæiske politiske fonde (omarbejdning) {SEC(2021) 577 final} - {SWD(2021) 359-60 final} ()
Aktører:
1_EN_ACT_part1_v6.pdf
https://www.ft.dk/samling/20211/kommissionsforslag/kom(2021)0734/forslag/1832168/2487378.pdf
EN EN
EUROPEAN
COMMISSION
Brussels, 25.11.2021
COM(2021) 734 final
2021/0375 (COD)
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)
{SEC(2021) 577 final} - {SWD(2021) 359 final} - {SWD(2021) 360 final}
Offentligt
KOM (2021) 0734 - Forslag til forordning
Europaudvalget 2021
EN 1 EN
EXPLANATORY MEMORANDUM
1. CONTEXT OF THE PROPOSAL
Reasons for and objectives of the proposal
Democracy is one of the fundamental values on which the European Union is founded. To
ensure the functioning of a representative democracy at European level, the Treaties stipulate
that the citizens of the European Union are directly represented in the European Parliament.
Political parties fulfil an essential role in a representative democracy, creating a direct link
between its people and the political system. In line with Article 10 of the Treaty on European
Union, European political parties ‘contribute to forming European political awareness and to
expressing the will of citizens of the Union’. Article 12(2) of the Charter of Fundamental
Rights of the European Union expresses the same principle.
Giving a new push for European democracies is a priority for the Commission. As announced
in President von der Leyen’s political guidelines 1
, the Commission Work Programme
for 20212
includes proposals for clearer rules on the financing of European political parties
and for greater transparency in sponsored political content (‘political advertising’). The
European Democracy action plan3
emphasises the need to review the legislation on the
funding of European political parties and the need for more transparency in political
advertising and communication, as well as in the business activities surrounding it. This is so
that voters, civil society and the responsible authorities can clearly see the source and purpose
of such advertising.
Regulation No 1141/2014 of the European Parliament and of the Council of 22 October 2014
governs the statute and funding of European political parties and European political
foundations4
. It includes prominently the respect for the values on which the EU is founded,
which include democracy and fundamental rights.
Following the European Parliament’s5
and Commission’s6
evaluations of the Regulation’s
application carried out in accordance with the Regulation’s revision clause (Article 38), a
number of loopholes have been identified, which hinder European political parties and
foundations from fully fulfilling their mission to contribute to the creation of a European
political space.
Furthermore, the current legal framework does not address sufficiently the need for
transparency of political advertising, which is essential for a fair democratic debate and free
and fair elections. As highlighted, among others, in the Commission’s 2020 report on
the 2019 elections to the European Parliament7
, there is a need to go further.
1
political-guidelines-next-commission_en_0.pdf (europa.eu)
2
https://ec.europa.eu/info/publications/2021-commission-work-programme-key-documents_en.
3
https://ec.europa.eu/info/strategy/priorities-2019-2024/new-push-european-democracy/european-
democracy-action-plan_en
4
OJ L 317 of 4.11.2017, pp 1-27.
5
https://www.europarl.europa.eu/doceo/document/A-9-2021-0294_EN.pdf
6
COM(2021)717 final of 23.11.2021
7
COM(2020)252 final of 19.06.2020 and SWD(2020)113 final of 19.06.2020
EN 2 EN
The Commission is therefore putting forward a proposal to amend Regulation 1141/2014 in
order to (i) increase the financial viability of European political parties and foundations, (ii)
facilitate their interactions with their national member parties, so that European political
parties can more easily participate in national campaigns on EU topics, (iii) close the
remaining loopholes regarding sources and transparency of financing (in particular, donations
and financing from outside the EU), (iv) cut excessive administrative burden, and (v) increase
legal certainty. In addition, specific amendments to the Regulation are proposed in order to
guarantee high standards of transparency that address the emerging new environment of
online political campaigning and the risk of foreign interference and the infringement of data
protection rules in political advertising.
This proposal builds on the relevant experience and cooperation between Member States and
EU institutions to promote free and fair elections in the European Union8
and combat
disinformation and other forms of information manipulation and interference in European
democracy9
.
To ensure that the 2024 elections to the European Parliament take place under the highest
democratic standards, the amendments to this Regulation need to enter into force and be fully
implemented by Member States by spring 2023, i.e. one year before the elections.
Consistency with existing policy provisions in the policy area
This initiative is closely related to the work being done on the other initiatives in the
transparency and democracy package of the Commission Work Programme for 2021. It has
been prepared under the European Democracy action plan, which includes a number of
initiatives to help protect election integrity and promote democratic participation, and is part
of the President’s priority to deliver a new push for European democracy.
It builds upon the Commission’s 2018 electoral package10
and the work of the European
Cooperation Network on Elections, which the Commission set up.
It has been prepared in parallel with a Commission initiative in the transparency and
democracy package to regulate the transparency and targeting of political advertising. By
providing a harmonised high level of transparency of political advertising, this initiative
contributes to the functioning of the internal market and helps to remove and prevent barriers
to the provision of political advertising services across the Union. It also aims at establishing
harmonised limitations on the use of certain targeting techniques when disseminating political
advertising to ensure the protection of individuals whose personal data are being processed in
this context.
8
In particular through the implementation of the Commission’s September 2018 electoral package which
is described in the Commission’s report on the 2019 elections and accompanying staff working
document
9
Guided by the Action Plan against disinformation, reported on in the Commission and High
Representative’s joint Communication, “tackling COVID disinformation”, in the Commission’s
assessment of the first year of operation of the self-regulatory Code of Practice on Disinformation, and
in the Commission Communication of Strengthening the EU Code of Practice on disinformation.
10
State of the Union 2018: European Commission proposes measures for securing free and fair European
elections (europa.eu)
EN 3 EN
Consistency with other EU policy provisions
By adding provisions to increase the transparency of paid political advertising, the initiative is
consistent with the EU action plan against disinformation.
This initiative addresses the financing, preparation, placing and dissemination of political
advertising by European political parties. It covers both online and offline activities and
complements existing EU rules including the General Data Protection Regulation11
, which
sets high data protection standards that apply to political advertising and provides for specific
requirements that apply to European political parties in terms of responsibility and
accountability.
It also complements the proposal for the Digital Services Act12
, which includes certain
general transparency obligations for online intermediaries as regards the transparency of
online advertising and the wider EU framework for the digital services market.
13
The initiative provides stronger protection of the Union’s financial interests by eliminating
the 3-month period between a de-registration decision by the Authority and the decision’s
entry into force. In addition, the European Parliament identified the limited categories of
revenues acknowledged by Regulation 1141/2014 as one of the reasons for financial
irregularities by European political parties and foundations. The introduction of an additional
category of revenues (‘own resources’) will address this problem.
The proposed initiative is in synergy with the efforts led by the EU externally in support to
political parties, representative democracy and political pluralism, transparency and
accountability, as reflected in the “EU Action Plan on Human Rights and Democracy 2020-
2024”14
and the “Thematic programme for Human Rights and democracy 2021-2027”15
. EU
Election Missions observe and report on electoral campaigns, political party and campaign
financing and may recommend measures to partner countries to improve their regulatory
framework in this regard.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
Legal basis
The proposal is based on Article 224 of the Treaty on the Functioning of the European Union,
which confers to the European Parliament and the Council, acting in accordance with the
ordinary legislative procedure, the power to lay down the regulations governing political
parties at European level referred to in Article 10(4) of the Treaty on European Union, in
11
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
protection of natural persons with regard to the processing of personal data and on the free movement of
such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1–88).
12
https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12418-Digital-Services-Act-
package-ex-ante-regulatory-instrument-of-very-large-online-platforms-acting-as-gatekeepers and
https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12417-Digital-Services-Act-
deepening-the-Internal-Market-and-clarifying-responsibilities-for-digital-services
13
Gender equality strategy | European Commission (europa.eu)
14
https://eeas.europa.eu/sites/default/files/eu_action_plan_on_human_rights_and_democracy_2020-
2024.pdf
15
https://ec.europa.eu/international-partnerships/system/files/factsheet-global-europe-ndici-june-
2021_en.pdf
EN 4 EN
particular the rules regarding their funding, and on Article 106a of the Treaty establishing the
European Atomic Energy Community16
.
Subsidiarity (for non-exclusive competence)
Since the existing Regulation provides for an EU-level system, including a specific European
legal personality for parties and foundations and funding from the EU budget, any
shortcomings in this system can only be remedied through EU legislation. Action by Member
States alone is not a relevant option.
The EU level is the only level at which rules governing the statute and funding of European
political parties and European political foundations can be laid down. Therefore, the proposed
focused changes fully comply with the principle of subsidiarity.
In setting out possible reform measures, the Commission has been careful to reflect the
principles contained in Protocol No. 2 to the Treaties.
Proportionality
The targeted measures proposed do not go beyond what is necessary to achieve the long-term
objective of developing and strengthening European democracy and the legitimacy of the EU
institutions by making European political parties and European political foundations more
effective and accountable democratic actors.
The proposal therefore complies with the principle of proportionality.
Choice of the instrument
Given the necessity to update language, obsolete references and provisions, it is appropriate to
recast the Regulation.
Since this proposal is to recast a Regulation of the European Parliament and of the Council,
the same legal instrument is the most appropriate.
3. RESULTS OF EX POST EVALUATIONS, STAKEHOLDER
CONSULTATIONS AND IMPACT ASSESSMENTS
Ex post evaluations/fitness checks of existing legislation
The legislative proposal is based on the evaluation report prepared by the Commission,
pursuant to Article 38 of Regulation 1141/2014.
It also takes into consideration the European Parliament own initiative report pursuant to
Article 38 of Regulation 1141/2014.
Stakeholder consultations
In preparing the current proposal, the Commission has been in close dialogue and consultation
with the relevant stakeholders, including European political parties and foundations.
16
https://europa.eu/european-
union/sites/europaeu/files/docs/body/consolidated_version_of_the_treaty_establishing_the_european_at
omic_energy_community_en.pdf
EN 5 EN
The Commission has held several meetings with representatives of the political parties and
foundations at European level, the European Parliament (Members, political groups and
services), and the Authority for European political parties and European political foundations,
as well as national experts and representatives of national competent authorities.
The legislative proposal also draws on the outcome of the open public consultations on the
European Democracy action plan17
, on the revision of Regulation 1141/201418
and on the
transparency of political advertising19
.
Collection and use of expertise
In preparing this proposal, the Commission contracted two external expert studies; an
evaluation of the current Regulation and a study on the possible impacts of its revision.
Furthermore, the Commission consulted informally the Authority for the European political
parties and foundations, as well as the European Parliament’s Authorising Officer.
Impact assessment
Two impact assessment reports were prepared; one on the revision of Regulation 1141/2014
and a second one on the transparency of political advertising.
Both received a positive opinion with reservations from the Regulatory Scrutiny Board,
on 27 September and 1 October 2021 respectively.
Fundamental rights
All measures envisaged in this revision have a positive impact on fundamental rights.
The revision of Regulation 1141/2014 is fully compatible with, and gives effect to, the
fundamental rights laid down in the Charter of Fundamental Rights of the European Union as
regards political participation. Namely:
Freedom of expression and information (Article 11)
‘1. Everyone has the right to freedom of expression. This right shall include freedom to hold
opinions and to receive and impart information and ideas without interference by public
authority and regardless of frontiers.
2. The freedom and pluralism of the media shall be respected.’
The envisaged measures will increase transparency and hence accountability and will not
negatively affect freedom of expression, since the initiative does not interfere with the content
of political messages. This more transparent and accountable disclosure of political ads also
has positive repercussions on the protection of vulnerable groups from manipulation.
17
Results available at:
https://ec.europa.eu/info/sites/default/files/report_edap_public_consultation_final.pdf
18
Results available at: https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12811-
European-political-parties-and-foundations-review-of-rules-on-legal-status-and-funding/public-
consultation_en
19
Results available at: https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12826-
Transparency-of-political-advertising/public-consultation_en
EN 6 EN
Freedom of assembly and of association (Article 12)
‘1. Everyone has the right to freedom of peaceful assembly and to freedom of association at
all levels, in particular in political, trade union and civic matters, which implies the right of
everyone to form and to join trade unions for the protection of his or her interests.
2. Political parties at Union level contribute to expressing the political will of the citizens of
the Union.’
By clarifying the financial rules governing European political parties and strengthening their
relations with their national member parties, European political parties will be able to increase
their activities. This in turn will support Article 12 (2) of the Charter.
Right to vote and to stand as a candidate at elections to the European Parliament (Article 39)
‘1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to
the European Parliament in the Member State in which he or she resides, under the same
conditions as nationals of that State.
2. Members of the European Parliament shall be elected by direct universal suffrage in a free
and secret ballot’.
Greater transparency will ensure that this right is respected and that people have the ability to
check if their political will is expressed by the party they support at EU level as stipulated in
Article 12 and 39.
Equality between men and women (Article 23)
‘Equality between men and women must be ensured in all areas, including employment, work
and pay. The principle of equality shall not prevent the maintenance or adoption of measures
providing for specific advantages in favour of the under-represented sex.’
Adding a gender dimension to the revision of the Regulation ensures compliance with
Article 23 by guaranteeing a balanced representation of both genders in political parties. The
principle allows for measures that lead to a better representation.
The proposed provisions in Articles 3, 4, 18 and 27 of the Regulation to increase the
transparency of gender parity will support Article 23 of the Charter.
4. BUDGETARY IMPLICATIONS
The lowering of the cofinancing rate for European political parties from the current 10% to
5% and the new 0% cofinancing rate for the year of the elections to the European Parliament,
may require the provision of additional financial resources for European political parties and
foundations. However, this will be for the budgetary authority to decide on annual basis.
The budgetary implications for the Authority for European political parties are detailed in the
Legislative Financial Statement attached to this proposal. This should be made through the
redeployment of existing resources, and will require the modification of the contributing
institutions’ establishment plans.
The Commission could procure, on behalf of the Authority for European political parties and
foundations, a pilot of the Repository foreseen in the amendment to Article 7 of the
EN 7 EN
Regulation. For this, it could use resources from the Citizens, Equality, Rights and Values
(CERV) programme, if the necessary funds cannot be made available in time for the 2024
elections to the European Parliament.
5. OTHER ELEMENTS
Implementation plans and monitoring, evaluation and reporting arrangements
Article 38 of the Regulation currently provides for the subsequent use of the evaluation and
revision mechanism every five years. In view of the current experience, this provision will be
slightly modified in order to better allocate the time needed to carry out such evaluation
process.
It is also intended to have a separate evaluation process as regards the implementation of the
procedures on transparency of political advertising, in order to preserve the coherence with
Regulation (EU) 2022/XX [on transparency and targeting of political advertising].
The changes operated in the legal framework as a result of this revision will be monitored
based on the indicators in the impact assessment report20
.
Detailed explanation of the specific provisions of the proposal
In order to fulfil their role as defined by Article 10(4) TEU, European political parties have to
be able to carry out cross-border campaigns in the European Union. The definition of
‘European political party’ in Article 2(3) will be amended to incorporate this notion.
The definition of European political foundation in Article 2(4) will be amended to allow for
the organisation of capacity building activities that could help form future political leadership
in Europe.
In order to ensure the transparency of paid political advertising, Article 2(16) and (17) will
introduce a definition of political advertising and of political advertisement by referring to
Regulation (EU) 2022/XX on [transparency of paid political advertising].
The current Regulation has a very restrictive definition of revenue sources, limited to either
contributions or donations, which creates difficulties for European political parties and
foundations when trying to categorise and do a proper accounting of autogenerated resources.
A new Article 2(9) will therefore introduce a third category of revenue sources linked to
financial income created by the party or foundation activity. Article 23 will be amended to
cap the revenue from this new category so that that it does not become overdimensioned in
relation to this entity’s overall budget.
Moreover, a new Article 2(10) will be introduced in order to clarify the notion of indirect
funding and the fact that its prohibition should not prevent European political parties and
foundations from engaging with their member parties and organisations.
Article 3(1) point (e) and Article 3(2) point (d) will be added to clarify that the obligation to
comply with values on which the Union is founded, as stated in Article 2 of the Treaty on the
European Union, not only applies to European political parties and foundations but that these
European political parties and foundations should also ensure that their member parties and
member organisations respect and observe such values.
20
SWD(2021)359 final of 23.11.2021
EN 8 EN
European politics should reflect the diversity of its societies. In particular, to promote gender
equality, European political parties will be required to include their internal rules on gender
equality in their statutes under Article 4. In addition, Article 21 will be amended to request
evidence from European political parties on gender representation when applying for EU
funding. Article 30 will be amended to include sanctions if a European political party fails to
provide such evidence. The European political parties are also encouraged to provide
information in relation to their member parties’ on inclusiveness and representation of
minorities.
Article 4 stipulates that the statues of the European political party must include internal rules
for the use of political advertising.
Article 5, which lays down the transparency requirements for political advertising, will be
inserted in the Regulation. This article provides for obligations applicable to European
political parties, namely: (i) the providers of political advertising services with whom they
work must fully comply with their obligations provided in Regulation 2022/xx, (ii) for each
political advertising that they sponsor or publish directly, appropriate information must be
included in the repository managed by the Authority for European political parties and
foundations, and (iii) a policy must be established for the use of political advertising.
Furthermore, if they use targeting or amplification techniques involving the processing of
personal data for political advertising, they must ensure compliance with Article 12 of
Regulation 2022/xx.
Article 5 also establishes an obligation for Member States to designate national regulatory
authorities competent to supervise compliance of the requirements set out in the Article, and
empowers the supervisory authorities referred to in Article 51 of Regulation (EU) 2016/679 to
oversee of the using of targeting or amplification techniques involving the processing of
personal data by European political parties. Finally, Article 5 provides a basis for the adoption
of delegated acts to amend the information transmitted to the repository managed by the
Authority for European political parties and foundations, and the information included in the
policy for the use of political advertising.
The Register established in Article 8 will include a repository for the disclosures to be made
by the European political parties to the Authority pursuant to Article 5.
Regulation 1141/2014 currently contains a loophole regarding whether or not an expenditure
is eligible for EU funding during the 3-month period when de-registration decisions have
been made but have not yet entered into force. Articles 10 and 19 will therefore be amended
to eliminate this 3-month period to protect the Union’s financial interests.
Article 13 will be inserted establishing an obligation for the Authority to annually draw
descriptive reports of the decisions taken during the course of the previous year by national
regulatory authorities finding that a European political party has violated Article 5 of this
Regulation.
Currently, Regulation 1141/2014 sets out a cofinancing rate of 10% and 5% for European
political parties and foundations, respectively, that they must match to benefit from the
maximum amount of the contribution from the EU budget available for them. Since some
European political parties, in particular the smaller ones, face difficulties in collecting the
necessary resources to match the co-financing rate, Article 20(4) will be amended to reduce
EN 9 EN
the rate for European political parties to 5%, in line with the rate for European political
foundations.
Article 20(4) will also be amended to allow for a 0% co-financing rate in the year of the
elections to the European Parliament.
Article 21 will be amended to clarify the requirements for displaying the logo of the European
political party that a member party is affiliated to in order to increase the visibility of
European political parties at national level. Article 30 will be amended to include sanctions in
case a European political party fails to provide evidence in its application for EU funding that
its logo is displayed by its member parties.
Article 21 it will also contain the obligation for a European political party to include evidence
that it complies with Article 5 of this Regulation at the time of applying for funding of the
budget of the European Union. It must also include evidence that it maintains an updated
policy on for the use of political advertising and that it has implemented this policy
throughout the 12 months preceding the final date for submission of applications.
In order to close loopholes in the transparency regime for donations, Article 23 will introduce
a due diligence mechanism for donations above EUR 3 000. In addition, Article 23 will also
be amended to empower the Authority for European political parties and foundations to
request additional information directly from donors where it has grounds to believe that a
donation was granted in violation of the Regulation. The amendment of Article 36 will bring
greater public transparency by requiring the Authority for European political parties and
foundations and the European Parliament to publish information in an open, machine readable
format, and to publish the weekly reports on donations and their expenditure received by the
Authority from the European political parties in the 6-month period ahead of elections to the
European Parliament.
Regulation 1141/2014 does not explicitly allow European political parties and foundations to
collect contributions from members whose seat is outside the European Union. The
judgement of the General Court of 25 November 2020 in Case T-107/19 confirmed that a
party outside the EU did not fall under the definition of a ‘political party’ under
Regulation 2004/2003, as it was not ‘recognised by, or established in accordance with, the
legal order of at least one Member State’. Consequently, the Court ruled that payments from
members located outside the EU could not be considered as contributions, only as donations.
This prohibition, however, prevents European political parties and foundations from
developing stronger ties with likeminded members outside the EU. Articles 23(9) and (10)
will therefore be amended to allow European political parties and foundation to collect
contributions from members located in countries belonging to the Council of Europe. To
mitigate the risk of foreign interference and to ensure proportionality, contributions from
members outside the EU will be capped at 10% of total contributions (which, in turn, are
capped to 40% of the annual budget of the party or foundation). This cap, together with the
requirement for European political parties to ensure that their member parties outside the
Union observe values that are equivalent to those of Article 2 TEU, should provide for the
necessary safeguards as regards foreign funding.
In order to enable European political parties to foster debates at national level on European
matters, these parties will be allowed to use the funds from the EU budget in national
referendum campaigns on issues related to the implementation of the Treaties, under the
amended Article 25.
EN 10 EN
Article 30 will be amended to modulate the sanctions that the Authority for European political
parties and foundations imposes. In case of non-quantifiable infringements of the Regulation
to make the sanctions regime more proportionate and fit for purpose.
Article 32 will be amended to strengthen the cooperation between the Authority and the
Authorising Officer of the European Parliament on the implementation and interpretation of
the Regulation, thereby improving legal certainty for European political parties and
foundations. Article 33 should be clarified and explicitly refer to the right to be heard of
European political parties and foundations before sanctions are imposed. This is particularly
important given that, currently, the Regulation does not provide for an administrative appeal
to the Authority’s decisions. In addition, the first evaluation report following the adoption of
the recast Regulation will assess the eventual necessity of introducing an intermediate level
appeal against the decisions of the Authority.
Article 40 is amended to include delegation powers in relation to Article 5(2) and (3). Finally,
Article 44 on transitional provisions is also amended to establish transitional provisions
concerning Article 5(3) and Article 21, point (4) and point (5).
EN 11 EN
1141/2014
2021/0375 (COD)
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)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular
Article 224 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in
particular Article 106a thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee21
,
Having regard to the opinion of the Committee of the Regions22
,
Having regard to the opinion of the Court of Auditors23
,
Acting in accordance with the ordinary legislative procedure,
Whereas:
new
(1) Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the
Council24
has been substantially amended several times25
. Since further amendments
are to be made, that Regulation should be recast in the interests of clarity.
1141/2014 recital 1
(2) Article 10(4) of the Treaty on European Union (TEU) and Article 12(2) of the Charter
of Fundamental Rights of the European Union (the Charter) state that political parties
21
OJ C […], […], p. […].
22
OJ C […], […], p. […].
23
OJ C […], […], p. […].
24
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 (OJ L
317, 4.11. 2014, p. 1).
25
See Annex III.
EN 12 EN
at European level contribute to forming European political awareness and to
expressing the political will of citizens of the Union.
1141/2014 recital 2
(3) Articles 11 and 12 of the Charter state that the right to freedom of association at all
levels, for example in political and civic matters, and the right to freedom of
expression, which includes the freedom to hold opinions and to receive and impart
information and ideas without interference by public authority and regardless of
frontiers, are fundamental rights of every citizen of the Union.
1141/2014 recital 3
(4) European citizens should be enabled to use those rights in order to participate fully in
the democratic life of the Union.
1141/2014 recital 4
(5) Truly transnational European political parties and their affiliated European political
foundations have a key role to play in articulating the voices of citizens at European
level by bridging the gap between politics at national level and at Union level.
1141/2014 recital 5
(6) European political parties and their affiliated European political foundations should be
encouraged and assisted in their endeavour to provide a strong link between European
civil society and the Union institutions, in particular the European Parliament.
1141/2014 recital 6 (adapted)
Experience acquired by the European political parties and their affiliated European political
foundations in applying Regulation (EC) No 2004/2003 of the European Parliament and of
the Council, together with the European Parliament's resolution of 6 April 2011 on the
application of Regulation (EC) No 2004/2003, show the need to improve the legal and
financial framework for European political parties and their affiliated European political
foundations so as to enable them to become more visible and effective actors in the multi-
level political system of the Union.
1141/2014 recital 7 (adapted)
(7) As a recognition of the mission attributed to European political parties in the TEU and
in order to facilitate their work, a specific European legal status should be established
laid down for European political parties and their affiliated European political
foundations.
1141/2014 recital 8 (adapted)
(8) An The Authority for European political parties and foundations ('the
Authority') should be established for the is a body of the Union within the meaning
EN 13 EN
of Article 263 of the Treaty on the Functioning of the European Union (TFEU)
whose purpose of registering, controlling and imposing 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.
1141/2014 recital 9
(9) The procedures to be followed by European political parties and their affiliated
European political foundations in order to obtain European legal status pursuant to this
Regulation should be laid down, as should the procedures and criteria to be respected
in arriving at a decision on whether to grant such European legal status. It is also
necessary to lay down the procedures for cases in which a European political party or
a European political foundation forfeits, loses or gives up its European legal status.
1141/2014 recital 10 (adapted)
(10) In order to facilitate the oversight of legal entities that will be subject to both Union
and national law, the power to adopt acts in accordance with Article 290 of the Treaty
on the Functioning of the European Union (TFEU) should be delegated to the
Commission in respect of the functioning of a register of European political parties
and foundations to be managed by the Authority ('the Register'), in particular as
regards the information and supporting documents held in the Register. It is of
particular importance that the Commission carry out appropriate consultations during
its preparatory work, including at expert level , and that those consultations be
conducted in accordance with the principles laid down in the Interinstitutional
Agreement of 13 April 2016 on Better Law-Making26
. The Commission, when
preparing and drawing up In particular, to ensure equal participation in the
preparation of delegated acts, should ensure a simultaneous, timely and appropriate
transmission of relevant documents to the European Parliament and to the Council
receive all documents at the same time as Member States' experts, and their
experts systematically have access to meetings of Commission expert groups dealing
with the preparation of delegated acts .
1141/2014 recital 11
(11) In order to ensure uniform conditions for the implementation of this Regulation,
implementing powers should be conferred on the Commission as regards provisions
on the registration number system and on standard extracts to be made available from
the Register by the Authority to third parties upon request. Those powers should be
exercised in accordance with Regulation (EU) No 182/2011 of the European
Parliament and of the Council27
.
26
OJ L 123, 12.5.2016, p. 1.
27
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011
laying down the rules and general principles concerning mechanisms for control by the Member States
of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
EN 14 EN
1141/2014 recital 12 (adapted)
new
(12) European political parties and their affiliated European political foundations wishing
to obtain recognition as such at Union level by virtue of European legal status and to
receive public funding from the general budget of the European Union should respect
certain principles and fulfil certain conditions. In particular, it is necessary for
European political parties, and their affiliated European political foundations and
their respective members in the Union to respect observe the values on
which the Union is founded, as expressed in Article 2 TEU. European political
parties and their affiliated European political foundations should also ensure that their
member parties and member organisations observe such values.
new
(13) For the purpose of its decisions to register, in order to ascertain that a European
political party or a European political foundation complies with its obligations to
observe the values on which the Union is founded, as expressed in Article 2 TEU, and
that it ensures that its members observe such values, the Authority should rely on a
written declaration to be issued by the European political party or European political
foundation by using a template attached to this Regulation. The power of the
Authority, upon request from the European Parliament, the Council or the
Commission, to verify the compliance with such values should however not extend to
possible breaches of those values by member parties or member organisations.
1141/2014 recital 13
(14) Decisions to de-register a European political party or a European political foundation
on the ground of non-compliance with the values on which the Union is founded, as
expressed in Article 2 TEU, should be taken only in the event of a manifest and
serious breach of those values. When taking a decision to de-register, the Authority
should fully respect the Charter.
new
(15) In order to protect the financial interests of the Union, and to align this Regulation
with Article 297 TFEU, the decisions to de-register should take effect upon
notification.
1141/2014 recital 14
(16) The statutes of a European political party or a European political foundation should
contain a series of basic provisions. Member States should be allowed to impose
additional requirements for the statutes of European political parties and European
political foundations which have established their seat on their respective territories,
provided those additional requirements are not inconsistent with this Regulation.
EN 15 EN
1141/2014 recital 15 (adapted)
(17) The Authority should regularly verify that the conditions and requirements relating to
the registration of European political parties and European political foundations
continue to be met. Decisions relating to the respect for the values on which the Union
is founded, as expressed in Article 2 TEU, should only be taken in accordance with a
procedure specifically designed to that effect, following consultation of a the
committee of independent eminent persons established by Regulation (EU,
Euratom) No 1141/2014 .
1141/2014 recital 16 (adapted)
The Authority is a body of the Union within the meaning of Article 263 TFEU.
1141/2014 recital 17
(18) The independence and transparency of the committee of independent eminent persons
should be guaranteed.
2019/493 recital 3 (adapted)
(19) Recent events have demonstrated the potential risks to electoral processes and to
democracy that can arise from tThe unlawful use of personal data can expose
democracies and electoral processes to potential risks . It is therefore necessary to
protect the integrity of the European democratic process by providing for financial
sanctions in situations where European political parties or European political
foundations take advantage of infringements of rules on protection of personal data
with a view to influencing the outcome of elections to the European Parliament.
2019/493 recital 4 (adapted)
(20) To that end, a verification procedure should be established laid down whereby
the Authority must is required , in certain circumstances, to ask the
committee of independent eminent persons established by Regulation (EU, Euratom)
No 1141/2014 to assess whether a European political party or a European political
foundation has deliberately influenced or attempted to influence the outcome of
elections to the European Parliament by taking advantage of an infringement of the
applicable rules on protection of personal data. Where, in accordance with the
verification procedure, that is found to be the case, the Authority should impose
effective, proportionate and dissuasive sanctions under the effective,
proportionate and dissuasive sanctioning system established by Regulation (EU,
Euratom) No 1141/2014.
2019/493 recital 5 (adapted)
(21) When Where the Authority imposes a sanction on a European political party or
foundation [in accordance with the verification procedure], it should take due account
of the ne bis in idem principle, whereby sanctions cannot be imposed twice for the
EN 16 EN
same offence. The Authority should also ensure that the principle of legal certainty is
respected and that the European political party or European political foundation
concerned has been given the opportunity to be heard.
2019/493 recital 7 (adapted)
(22) Since the new procedure is should be triggered by a decision of a competent
national data protection supervisory authority, it should be possible for the European
political party or European political foundation concerned to request that the sanction
be reviewed if the decision of that national supervisory authority is repealed, or a
remedy against that decision has been granted, provided that all national remedies
have been exhausted.
1141/2014 recital 18
(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 or to
participate in referendum campaigns. Any such or similar entitlement remains under
the competence of Member States.
1141/2014 recital 19
(24) The activities of European political parties and European political foundations should
be governed by this Regulation, and, for matters not governed by this Regulation, by
the relevant provisions of national law in the Member States. The legal status of a
European political party or of a European political foundation should be governed by
this Regulation and by the applicable provisions of national law in the Member State
where it has its seat ('Member State of the seat'). The Member State of the seat should
be able to define ex ante the applicable law or to leave optionality for European
political parties and European political foundations. The Member State of the seat
should also be able to impose requirements other than, or additional to, those laid
down in this Regulation, including provisions on the registration and integration of
European political parties and foundations as such into national administrative and
control systems and on their organisation and statutes, including on liability, provided
that such provisions are not inconsistent with this Regulation.
1141/2014 recital 20
(25) As a key element of possessing European legal status, European political parties and
European political foundations should have European legal personality. The
acquisition of European legal personality should be subject to requirements and
procedures to protect the interests of the Member State of the seat, of the applicant for
European legal status ('the applicant') and of any third parties concerned. In particular,
any pre-existing national legal personality should be converted into a European legal
personality and any individual rights and obligations that have accrued to the former
national legal entity should be transferred to the new European legal entity. Moreover,
in order to facilitate continuity of activity, safeguards should be put in place to prevent
the Member State concerned from applying prohibitive conditions to such conversion.
EN 17 EN
The Member State of the seat should be able to specify which types of national legal
persons may be converted into European legal persons, and to withhold its agreement
to the acquisition of European legal personality under this Regulation until adequate
guarantees are provided, in particular, for the legality of the applicant's statutes under
the laws of that Member State or for the protection of creditors or holders of other
rights in respect of any pre-existing national legal personality.
1141/2014 recital 21
(26) The termination of European legal personality should be subject to requirements and
procedures to protect the interests of the Union, of the Member State of the seat, of the
European political party or European political foundation and of any third parties
concerned. In particular, if the European political party or European political
foundation acquires legal personality under the law of the Member State of its seat,
this should be considered as a conversion of the European legal personality and any
individual rights and obligations that the former European legal entity has respectively
acquired or incurred should be transferred to the national legal entity. Moreover, in
order to facilitate continuity of activity, safeguards should be put in place to prevent
the Member State concerned from applying prohibitive conditions to such conversion.
If the European political party or European political foundation does not acquire legal
personality in the Member State of its seat, it should be wound up in accordance with
the law of that Member State and in accordance with the condition requiring it not to
pursue profit goals. The Authority and the Authorising Officer of the European
Parliament should be able to agree modalities with the Member State concerned
regarding the termination of the European legal personality, in particular in order to
ensure the recovery of funds received from the general budget of the European Union
and any financial sanctions.
1141/2014 recital 22
(27) If a European political party or a European political foundation seriously fails to
comply with relevant national law and if the matter relates to elements affecting
respect of the values on which the Union is founded, as expressed in Article 2 TEU,
the Authority should decide, upon request by the Member State concerned, to apply
the procedures laid down by this Regulation. Moreover, the Authority should decide,
upon request from the Member State of the seat, to remove from the Register a
European political party or European political foundation which has seriously failed to
comply with relevant national law on any other matter.
1141/2014 recital 23 (adapted)
(28) Eligibility for funding from the general budget of the European Union should be
limited to European political parties and their affiliated European political foundations
that have been recognised as such and have obtained European legal status. While it is
crucial to ensure that the conditions applicable to becoming a European political party
are not excessive but can readily be met by organised and serious transnational
alliances of political parties or natural persons or both, it is also necessary to establish
lay down proportionate criteria in order to allocate limited resources from the
general budget of the European Union which criteria objectively reflect the European
ambition and genuine electoral support of a European political party. Such criteria are
EN 18 EN
best based on the outcome of elections to the European Parliament, in which the
European political parties or their members are required to participate under this
Regulation, providing a precise indication of the electoral recognition of a European
political party. These should reflect the European Parliament's role of directly
representing the Union's citizens, assigned to it by Article 10(2) TEU, as well as the
objective for European political parties to participate fully in the democratic life of the
Union and to become actors in Europe's representative democracy, in order effectively
to express the views, opinions and political will of the citizens of the Union. Eligibility
for funding from the general budget of the European Union should therefore be limited
to European political parties which are represented in the European Parliament by at
least one of their members and to European political foundations which apply through
a European political party that is represented in the European Parliament by at least
one of its members.
2018/673 recital 6 (adapted)
new
(29) For reasons of transparency and in order to strengthen the scrutiny and the democratic
accountability of European political parties and the link between European civil
society and the Union institutions, and in particular the European Parliament, access to
funding from the general budget of the European Union should be made conditional
upon the EU member parties publishing on the provision of certain information. In
particular, European political parties should ensure that their member parties with their
seat in the Union publish , in a clearly visible and user-friendly manner, the
political programme and logo of the European political partyconcerned.
(30) European political parties and their member parties should lead by example in
closing the gender gap in the political domain. If they wish to benefit from EU
funding, European political parties should have internal rules promoting gender
balance and they should be transparent about the gender balance of their member
parties. The inclusion of information European political parties should provide
evidence on their internal policy on gender balance and on their member parties’
gender representation as regards candidates to and Member of the European
Parliament in relation to each of the member parties of the European political party
should be encouraged. The European political parties are also encouraged to
provide information in relation to their member parties’ on inclusiveness and
representation of minorities.
1141/2014 recital 24 (adapted)
(31) In order to increase the transparency of European political party funding, and to avoid
potential abuse of the funding rules, a member of the European Parliament should, for
the purposes of funding only, be regarded as a member of only one European political
party, which should, where relevant, be the one to which their his or her
national or regional political party is affiliated on the final date for the submission of
applications for funding.
EN 19 EN
1141/2014 recital 25
new
(32) The procedures to be followed by European political parties and their affiliated
European political foundations when they apply for funding from the general budget
of the European Union should be laid down, as well as the procedures, criteria and
rules to be respected in arriving at a decision on the grant of such funding. In that
context, the European political parties and foundations should in particular comply
with the principle of sound financial management.
new
(33) In order to address the difficulties that European political parties, in particular small
ones, face in achieving the 10% co-financing rate required by Regulation (EU,
Euratom) No 1141/2014, the co-financing rate for European political parties should be
reduced to 5%, in line with the rate for European political foundations.
(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.
1141/2014 recital 26
(35) In order to enhance the independence, accountability and responsibility of European
political parties and European political foundations, certain types of donations and
contributions from sources other than the general budget of the European Union
should be prohibited or subject to limitations. Any restriction on free movement of
capital which such limitations might entail is justified on grounds of public policy and
is strictly necessary for the attainment of those objectives.
new
(36) A due diligence mechanism should be introduced to improve the transparency of large
donations and to minimise the risk of foreign interference from this source. To that
end, European political parties and European political foundations should request
detailed identification information from their donors. The Authority should be
empowered to request additional information from donors where it has grounds to
believe that a donation has been granted in breach of this Regulation.
(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.
(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
EN 20 EN
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.
1141/2014 recital 27
new
(39) In order to reach out to their members and constituencies across the Union,
European political parties should be able to finance have the right to use their
funding for cross-border political campaigns. conducted in the context of elections
to the European Parliament, while Tthe funding and limitation of election expenses for
parties and candidates at such elections in those campaigns should be governed
by the rules applicable in each Member State.
1141/2014 recital 32
new
(40) In order to help raise the European political awareness of citizens and to promote the
transparency of the European electoral process political affiliation , European
political parties may inform citizens during elections to the European Parliament of the
ties between them and their affiliated national political parties and candidates.
1141/2014 recital 28
new
(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
not 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.
1141/2014 recital 29
(42) Specific rules and procedures should be laid down for distributing the appropriations
available each year from the general budget of the European Union, taking into
account, on the one hand, the number of beneficiaries and, on the other, the share of
elected members in the European Parliament of each beneficiary European political
party and, by extension, its respective affiliated European political foundation. Those
rules should provide for strict transparency, accounting, auditing and financial control
of European political parties and their affiliated European political foundations, as
well as for the imposition of proportionate sanctions, including in the event of a breach
EN 21 EN
by a European political party or a European political foundation of the values on
which the Union is founded, as expressed in Article 2 TEU.
1141/2014 recital 30 (adapted)
(43) In order to ensure compliance with the obligations laid down by this Regulation
regarding the funding and expenditure of European political parties and European
political foundations and regarding other matters, it is necessary to establish
provide for effective control mechanisms. To that end, the Authority, the
Authorising Officer of the European Parliament and the Member States should
cooperate and exchange all necessary information. Mutual cooperation amongst
Member States' authorities should be also encouraged in order to ensure the effective
and efficient control of obligations stemming from applicable national law.
new
(44) With a view to increasing legal certainty provided by this Regulation and to ensure its
coherent implementation, the Authority and the Authorising Officer of the European
Parliament should cooperate closely, including through regular exchange of views and
information on the interpretation and concrete application of this Regulation. In
addition, in full respect of the independence of the Authority, cooperation between the
Authority, the Authorising Officer of the European Parliament and European political
parties and European political foundations should facilitate the correct implementation
of the Regulation by the European political parties and European political foundations
and prevent legal disputes. The obligation of the Authority to hear European political
parties or European political foundations before taking any decisions having adversary
effects should also help facilitating the correct implementation of the Regulation by
the European political parties and European political foundations and, at the same
time, help preventing legal disputes.
1141/2014 recital 31
new
(45) It is necessary to provide for a clear, strong and dissuasive and proportionate
system of sanctions in order to ensure effective, proportionate and uniform compliance
with the obligations regarding the activities of European political parties and European
political foundations. Such a system should also respect the ne bis in idem principle
whereby sanctions cannot be imposed twice for the same offence. It is also necessary
to define the respective roles of the Authority and of the Authorising Officer of the
European Parliament in controlling and verifying compliance with this Regulation as
well as the mechanisms for cooperation between them and the Member States'
authorities.
new
(46) Political advertising plays an important role for political parties to communicate to
citizens and interact with them on political issues. It can take many forms and be
disseminated through many media, from television and radio, to print and online social
media. It is an important part of the electoral process and represents an important part
of the amounts spent by political parties and candidates. While it brings important
EN 22 EN
benefits, it also entails potential risks to electoral processes and democracy. Those
risks can arise from opaque practices and the use of political advertising as a vector for
disinformation including when the advertising does not disclose its political nature,
and where it is funded and targeted covertly.
(47) A high level of transparency should therefore be provided by European political
parties in their political advertising to support a fair political debate and free and
elections including to combat disinformation. It should support citizens’ understanding
of the nature, source and context of political advertising, including its funding and the
amounts spent, and regarding whether and how it was targeted to them. It should also
promote accountability and contribute to reducing the incidence of the misuse of
political advertising, including connected to disinformation and other types of
interference in the democratic debate. The transparency requirements should support
the European dimension of elections to the European Parliament including the cross
border dimension.
(48) Member States should ensure adequate enforcement of the transparency obligations
applicable to political advertising laid down in this Regulation. Member States should
entrust competent authorities with the necessary powers to supervise compliance with
those transparency obligations. In order to avoid undue interferences, such national
regulatory authorities or bodies should 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.
Citizens and other interested parties should be able to know which regulatory
authorities are competent in each Member State, which should be achieved by
providing an obligation for the Authority to publish on its website and keep updated a
list of Member States’ national regulatory authorities. Decisions of national regulatory
authorities should be subject to effective legal remedies, in full compliance with
Article 47 of the Charter. This should include ensuring that appropriate redress can be
sought and obtained in due time, upon request of any interested party, requiring the
European Political Party to put an end to any violation of the transparency
requirements laid down in this Regulation.
(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.
(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
28
Regulation 2022/XX of the European Parliament and of the Council of on the transparency and
targeting of political advertising (OJ L…).
EN 23 EN
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.
(51) European political parties should implement and regularly update their policy on their
use of political advertising. This policy and an annual report on its implementation
should be available on the European Political Party’s website.
(52) Regulation (EU) 2022/XX [on the transparency and targeting of political advertising]
establishes obligations for data controllers using targeting or amplification techniques
in the context of political advertising. When using targeting or amplification
techniques for political advertising, European political parties should ensure
compliance with Article 12 of that Regulation. Supervisory authorities within the
meaning of Article 4, point (21) of Regulation (EU) 2016/679 of the European
Parliament and of the Council29
should be competent to monitor compliance with this
Regulation.
(53) Information concerning compliance by European political parties with the
transparency requirements established in this Regulation should be available at Union
level. In order to facilitate this, the Authority should prepare and publish a factual and
descriptive report on any decisions of national regulatory authorities or supervisory
authorities pursuant to this Regulation.
(54) In view of the need to protect the integrity of the European democratic process,
European political parties should prove compliance with transparency rules applicable
to political advertising in order to be eligible for funds coming from the budget of the
European Union.
1141/2014 recital 33 (adapted)
new
(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 . Establishing 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
29
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
protection of natural persons with regard to the processing of personal data and on the free movement of
such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016,
p. 1).
EN 24 EN
European representative democracy and, more broadly, preventing corruption and
abuses of power.
1141/2014 recital 34
(56) In compliance with the principle of proportionality, the obligation to publish the
identity of donors who are natural persons should not apply to donations equal to or
below EUR 1500 per year and per donor. Furthermore, such obligation should not
apply to donations the annual value of which exceeds EUR 1500 and is below or equal
to EUR 3000 unless the donor has given prior written consent to the publication.
These thresholds strike an appropriate balance between, on the one hand, the
fundamental right to the protection of personal data and, on the other hand, the
legitimate public interest in transparency regarding the funding of European political
parties and foundations, as reflected in international recommendations to avoid
corruption in relation to the funding of political parties and foundations. The
disclosure of donations exceeding EUR 3000 per year and per donor should allow
effective public scrutiny and control over the relations between donors and European
political parties. Also in compliance with the principle of proportionality, information
on donations should be published annually, except during election campaigns to the
European Parliament or for donations exceeding EUR 12000, in respect of which
publication should take place expeditiously.
1141/2014 recital 35 (adapted)
(57) This Regulation respects the fundamental rights and observes the principles enshrined
in the Charter, in particular Articles 7 and 8 thereof, which state that everyone has the
right to respect for their his or her private life and to the protection of personal
data concerning him or her, and it must be implemented in full respect of those rights
and principles.
1141/2014 recital 36
(58) Regulation (EU) 2018/1725(EC) No 45/2001 of the European Parliament and of the
Council3031
applies to the processing of personal data carried out by the Authority, the
European Parliament and the committee of independent eminent persons in application
of this Regulation.
1141/2014 recital 37
(59) Regulation (EU) 2016/679Directive 95/46/EC applies to the processing of personal
data carried out in application of this Regulation.
30
Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on
the protection of individuals with regard to the processing of personal data by the Community
institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
31
Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the
protection of natural persons with regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC)
No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
EN 25 EN
1141/2014 recital 38 (adapted)
(60) For the sake of legal certainty, it is appropriate to clarify that the Authority, the
European Parliament, the European political parties and European political
foundations, the national authorities competent to exercise control over aspects related
to the financing of European political parties and European political foundations, and
other relevant third parties referred to or provided for in this Regulation are data
controllers within the meaning of Regulation (EU) 2018/1725(EC) No 45/2001 or
Regulation (EU) 2016/679Directive 95/46/EC. It is also necessary to specify the
maximum period for which they may retain personal data collected for the purposes of
ensuring the legality, regularity and transparency of the funding of European political
parties and European political foundations and the membership of European political
parties. In their capacity as data controllers, the Authority, the European Parliament,
the European political parties and European political foundations, the competent
national authorities and the relevant third parties must take all the appropriate
measures to comply with the obligations imposed by Regulation (EU) 2018/1725(EC)
No 45/2001 and or Regulation (EU) 2016/679Directive 95/46/EC, in particular
those relating to the lawfulness of the processing, the security of the processing
activities, the provision of information, and the rights of data subjects to have access to
their personal data and to procure the correction and erasure of their personal data.
new
(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,
1141/2014 recital 39 (adapted)
(62) Regulation (EU) 2016/679 Chapter III of Directive 95/46/EC on judicial
remedies, liability and sanctions applies as regards the data processing carried out in
application of this Regulation. The competent national authorities or relevant third
parties should be liable in accordance with applicable national law for any damage that
they cause. In addition, Member States should ensure that the competent national
authorities or relevant third parties are liable to appropriate sanctions for infringements
of this Regulation.
1141/2014 recital 40
(63) Technical support afforded by the European Parliament to European political parties
should be guided by the principle of equal treatment, should be supplied against
invoice and payment and should be subject to a regular public report.
1141/2014 recital 41
(64) Key information on the application of this Regulation should be available to the public
on a dedicated website.
EN 26 EN
1141/2014 recital 42
(65) Judicial control by the Court of Justice of the European Union will help to ensure the
correct application of this Regulation. Provision should also be made to allow
European political parties or European political foundations to be heard and to take
corrective measures before a sanction is imposed on them.
new
(66) To further align the evaluation of this Regulation with the elections to the European
Parliament cycle, the dates of the proposed comprehensive review should be adapted.
Moreover, to avoid duplication, the provisions on transparency and targeting of
political advertising should be evaluated as part of the Commission’s report following
the elections to the European Parliament.
1141/2014 recital 43
(67) Member States should ensure that national provisions that are conducive to the
effective application of this Regulation are in place.
1141/2014 recital 44 (adapted)
new
(68) Member States European political parties and foundations should be given
sufficient time to adopt provisions to ensure the smooth and effective application of
this Regulation. Provision should therefore be made for a transitional period between
the entry into force of this Regulation and its the application of some of its
articles .
1141/2014 recital 45 (adapted)
The European Data Protection Supervisor was consulted and adopted an opinion.
1141/2014 recital 46 (adapted)
Given the need for significant changes and additions to the rules and procedures currently
applicable to political parties and political foundations at Union level, Regulation (EC) No
2004/2003 should be repealed,
EN 27 EN
1141/2014 (adapted)
new
HAVE ADOPTED THIS REGULATION:
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation lays down the conditions governing the statute and funding of political
parties at European level ('European political parties') and political foundations at European
level ('European political foundations').
Article 2
Definitions
For the purposes of this Regulation , the following definitions apply :
(1) 'political party' means an association of citizens which fulfils the following
conditions :
(a) which it pursues political objectives;, and
(b) which it is either recognised by, or established in accordance with, the
legal order of at least one Member State;
(2) ‘political alliance’ means structured cooperation , irrespective of its form,
between members, whether political parties and/or citizens;
(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 established
referred to in Article 76, in accordance with the conditions and procedures
laid down in this Regulation;
(4) 'European political foundation' means an entity which is formally affiliated with a
European political party, which is registered with the Authority for European
political parties and foundations referred to in Article 7 in accordance with the
conditions and procedures laid down in this Regulation, and which through its
activities, within the aims and fundamental values pursued by the Union, underpins
and complements the objectives of the European political party by performing one or
more of the following tasks:
(a) observing, analysing and contributing to the debate on European public policy
issues and on the process of European integration;
(b) developing activities linked to European public policy issues, such as
organising and supporting seminars, training, conferences and studies on such
issues between relevant stakeholders, including youth organisations and other
representatives of civil society, and capacity building to support the
formation of future political leadership in the Union ;
EN 28 EN
(c) developing cooperation in order to promote democracy, including in third
countries;
(d) serving as a framework for national political foundations, academics, and other
relevant actors to work together at European level;
(5) 'regional parliament' or 'regional assembly' means a body whose members either hold
a regional electoral mandate or are politically accountable to an elected assembly;
(6) 'funding from the general budget of the European Union' means a grant awarded in
accordance with Title VIIIVI of Part One or a contribution awarded in accordance
with Title VIII XI of Part Two One of Regulation (EU, Euratom) 2018/1046 of the
European Parliament and of the Council32
Regulation (EU, Euratom) No 966/2012 of
the European Parliament and of the Council ('the Financial Regulation');
(7) 'donation' means any cash offering, any offering in kind, the provision below market
value of any goods, services (including loans) or works, and/or 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 of usual political activities carried out on a voluntary basis by
individuals;
(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/or 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;
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(9) ‘own resources’ means income generated by own economic activities, such as
conference fees and sales of publications;
(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;
1141/2014
(119) 'annual budget' for the purposes of Articles 2320 and 3027 means the total amount of
expenditure in a given year as reported in the annual financial statements of the
European political party or of the European political foundation concerned;
32
Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on
the financial rules applicable to the general budget of the Union, amending Regulations (EU) No
1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU)
No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing
Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.07.2018, p.1).
EN 29 EN
2018/673 Art. 1.3
(1210) 'National Contact Point' means any person or persons specifically designated by the
relevant authorities in the Member States for the purpose of exchanging information
in the application of this Regulation;
1141/2014
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(1311) 'seat' means , unless otherwise specified in this Regulation, the location where
the European political party or the European political foundation has its central
administration;
(1413) 'concurrent infringements' means two or more infringements committed as part of the
same unlawful act;
(1513) 'repeated infringement' means an infringement committed within five years of a
sanction having been imposed on its perpetrator for the same type of infringement.;
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(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];
[(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];
[(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.
1141/2014 (adapted)
1 2018/673 Art. 1.4(a)
CHAPTER II
STATUTE FOR EUROPEAN POLITICAL PARTIES AND
EUROPEAN POLITICAL FOUNDATIONS
Article 3
Conditions for registration
1. A political alliance shall be entitled to may apply to register as a European
political party subject to the following conditions:
(a) it must have has its seat in a Member State as indicated in its statutes;
(b) at least one of the following applies:
EN 30 EN
(i) 1 its member parties must be are represented by, in at least one
quarter of the Member States, members of the European Parliament, of national
parliaments, of regional parliaments or of regional assemblies, or
(ii) it or its member parties must have received, in at least one quarter of the
Member States, at least three per cent of the votes cast in each of those
Member States at the most recent elections to the European Parliament;
2018/673 Art. 1.4(b)
(cba) its member parties are not members of another European political party;
1141/2014 (adapted)
new
(dc) it must observe 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 ;
new
(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;
1141/2014 (adapted)
new
(fd) it or its members must have participated in elections to the European Parliament, or
have expressed publicly the intention to participate in the next elections to the
European Parliament; and
(ge) it must does not pursue profit goals.
2. An entity applicant shall be entitled to apply to register as a European political
foundation subject to the following conditions:
(a) it must be is affiliated with a European political party registered in
accordance with [the conditions and procedures laid down in] this Regulation;
(b) it must have has its seat in a Member State as indicated in its statutes;
(c) it must observe 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 ;
EN 31 EN
new
(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;
1141/2014 (adapted)
(ed) its objectives must complement the objectives of the European political party with
which it is formally affiliated;
(fe) its governing body must be is composed of members from at least one quarter
of the Member States; and
(gf) it must does not pursue profit goals.
3. A European political party can may have only one formally affiliated European
political foundation. Each European political party and the affiliated European political
foundation shall ensure a separation between their respective day-to-day management,
governing structures and financial accounts.
Article 4
Governance of European political parties
1. The statutes of a European political party shall comply with the applicable law of the
Member State in which it has its seat and shall include provisions covering at least the
following:
(a) its name and logo, which must shall be clearly distinguishable from those of
any existing European political party or European political foundation;
(b) the address of its seat;
(c) a political programme setting out its purpose and objectives;
(d) a statement, in conformity with point (e) of Article 3(1), point (g), that it does not
pursue profit goals;
(e) where relevant, the name of its affiliated political foundation and a description of the
formal relationship between them;
(f) its administrative and financial organisation and procedures, specifying in particular
the bodies and offices holding the powers of administrative, financial and legal
representation and the rules on the establishment, approval and verification of annual
accounts; and
(g) the internal procedure to be followed in the event of its voluntary dissolution as a
European political party.;
new
(h) its internal rules governing the use of political advertising;
EN 32 EN
(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;
(j) its internal rules regarding gender balance.
1141/2014 (adapted)
2. The statutes of a European political party shall include provisions on internal party
organisation covering at least the following:
(a) the modalities for the admission, resignation and exclusion of its members, the list of
its member parties being annexed to the statutes;
(b) the rights and duties associated with all types of membership and the relevant voting
rights;
(c) the powers, responsibilities and composition of its governing bodies, specifying for
each the criteria for the selection of candidates and the modalities for their
appointment and dismissal;
(d) its internal decision-making processes, in particular the voting procedures and
quorum requirements;
(e) its approach to transparency, in particular in relation to bookkeeping, accounts and
donations, privacy and the protection of personal data; and
(f) the internal procedure for amending its statutes.
3. The Member State of the seat may impose additional requirements for the statutes,
provided that those additional requirements are not inconsistent with this Regulation.
new
Article 5
Transparency requirements for political advertising
1. European political parties shall ensure that the providers of political advertising
services which they use when engaging in political advertising fully comply with their
obligations pursuant to Articles 7 and 12 of Regulation 2022/xx [on the transparency and
targeting of political advertising]. To that end, European political parties shall ensure that
contracts concluded with providers of political advertising services for their advertising
campaigns include an express reference to those obligations.
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.
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.
EN 33 EN
4. Each European political party shall establish a policy for the use of political
advertising. It shall ensure that that policy is kept up-to-date and that an annual report on its
implementation is available on its website. The report shall cover the political advertisements
published during the five preceding years and include a description of the specific steps the
European political party takes to comply with this Article and the information listed in point 2
of Annex II.
5. When using targeting or amplification techniques involving the processing of personal
data for political advertising, European Political Parties shall ensure compliance with Article
12 of Regulation (EU) 2022/XX [on the transparency and targeting of political advertising].
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.
7. The supervisory authorities referred to in Article 51 of Regulation (EU) 2016/679
shall be competent to supervise the application of paragraph 5 of this Article. Article 58 of
Regulation (EU) 2016/679 shall apply mutatis mutandis. Chapter 7 of Regulation (EU)
2016/679 shall apply for activities covered by paragraph 5 of this Article.
8. The Commission is empowered to adopt delegated acts in accordance with Article 40
concerning the amendment of Annex II to add or remove elements from the list of
information to be provided pursuant to paragraphs 2 and 4 of this Article in the light of
technological developments.
1141/2014 (adapted)
Article 65
Governance of European political foundations
1. The statutes of a European political foundation shall comply with the applicable law
of the Member State in which it has its seat and shall include provisions covering at least the
following:
(a) its name and logo, which must shall be clearly distinguishable from those of
any existing European political party or European political foundation;
(b) the address of its seat;
(c) a description of its purpose and objectives, which must shall be compatible
with the tasks listed in point (4) of Article 2, point (5);
(d) a statement, in conformity with point (f) of Article 3(2), point (g), that it does not
pursue profit goals;
(e) the name of the European political party with which it is directly affiliated, and a
description of the formal relationship between them;
EN 34 EN
(f) a list of its bodies, specifying for each its powers, responsibilities and composition,
and including the modalities for the appointment and dismissal of the members and
managers of such bodies;
(g) its administrative and financial organisation and procedures, specifying in particular
the bodies and offices holding the powers of administrative, financial and legal
representation and the rules on the establishment, approval and verification of annual
accounts;
(h) the internal procedure for amending its statutes; and
(i) the internal procedure to be followed in the event of its voluntary dissolution as a
European political foundation.
2. The Member State of the seat may impose additional requirements for the statutes,
provided that those additional requirements are not inconsistent with this Regulation.
Article 76
Authority for European political parties and European political foundations
1. An Authority for European political parties and European political foundations (the
'Authority') is hereby established for the purpose of registering, controlling and imposing
sanctions on European political parties and European political foundations in accordance with
this Regulation.
2. The Authority shall have legal personality. It shall be independent and shall exercise
its functions in full compliance with this Regulation.
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
points (a), (b) and (d) to (f) of Article 4(1), points (a), (b), (d), (e) and (f), and in points (a) to
(e) and (g) of Article 65(1), points (a) to (e), and (g), continue to be complied with by the
registered European political parties and European political foundations.
In its decisions, the Authority shall give full consideration to the fundamental right of
freedom of association and to the need to ensure pluralism of political parties in Europe.
The Authority shall be represented by its Director who shall take all decisions of the
Authority on its behalf.
3. The Director of the Authority shall be appointed for a five-year non-renewable term
by the European Parliament, the Council and the Commission (jointly referred to as the
'appointing authority') by common accord, on the basis of proposals made by a selection
committee composed of the Secretaries-General of those institutions following an open call
for candidates.
The Director of the Authority shall be selected on the basis of his or her their personal
and professional qualities. They He or she shall not be a member of the European
Parliament, hold any electoral mandate or be a current or former employee of a European
political party or a European political foundation. The Director selected shall not have a
conflict of interests between their his or her duty as Director of the Authority and any
other official duties, in particular in relation to the application of the provisions of this
Regulation.
EN 35 EN
A vacancy caused by resignation, retirement, dismissal or death shall be filled in accordance
with the same procedure.
In the event of a normal replacement or voluntary resignation the Director shall continue
their his or her functions until a replacement has taken up their his or her
duties.
If the Director of the Authority no longer fulfils the conditions required for the performance
of their his or her duties, they he or she may be dismissed by common accord
by at least two of the three institutions referred to in the first subparagraph and on the basis of
a report drawn up by the selection committee referred to in the first subparagraph on its own
initiative or following a request from any of the three institutions.
The Director of the Authority shall be independent in the performance of their his or
her duties. When acting on behalf of the Authority, the Director shall neither seek nor take
instructions from any institution or government or from any other body, office or agency. The
Director of the Authority shall refrain from any act which is incompatible with the nature of
their his or her duties.
The European Parliament, the Council and the Commission shall exercise jointly, with regard
to the Director, the powers conferred on the appointing authority by the Staff Regulations of
Officials (and the Conditions of Employment of Other Servants of the Union) laid down in
Council Regulation (EEC, Euratom, ECSC) No 259/6833
. Without prejudice to decisions on
appointment and dismissal, the three institutions may agree to entrust the exercise of some or
all of the remaining powers conferred on the appointing authority to any one of them.
The appointing authority may assign the Director to other tasks provided that such tasks are
not incompatible with the workload resulting from their his or her duties as Director of
the Authority and are not liable to create any conflict of interests or to jeopardise the full
independence of the Director.
4. The Authority shall be physically located in the European Parliament, which shall
provide the Authority with the necessary offices and administrative support facilities.
2019/493 Art. 1.1 (adapted)
5. The Director of the Authority shall be assisted by staff in respect of whom they
he or she shall exercise the powers conferred on the appointing authority by the Staff
Regulations of Officials of the European Union and the powers conferred on the authority
empowered to conclude contracts of employment of other servants by the Conditions of
Employment of Other Servants of the Union, laid down in Council Regulation (EEC,
Euratom, ECSC) No 259/68 (‘the appointing authority's powers’). The Authority may make
use in any areas of its work of other seconded national experts or of other staff not employed
by the Authority.
The Staff Regulations and the Conditions of Employment of Other Servants and the rules
adopted by agreement between the institutions of the Union for giving effect to those Staff
Regulations and Conditions of Employment of Other Servants shall apply to the staff of the
Authority.
33
Council Regulation (EEC, Euratom, ECSC) No 259/68 of 29 February 1968 laying down the Staff
Regulations of Officials and the Conditions of Employment of Other Servants of the European
Communities and instituting special measures temporarily applicable to officials of the Commission
(OJ L 56, 4.3.1968, p. 1).
EN 36 EN
The selection of the staff shall not be liable to result in a conflict of interests between their
duties at the Authority and any other official duties, and they shall refrain from any act which
is incompatible with the nature of their duties.
1141/2014 (adapted)
1 2018/673 Art. 1.5
new
6. The Authority shall conclude agreements with the European Parliament and, if
appropriate, with other institutions on any administrative arrangements necessary to enable it
to carry out its tasks, in particular agreements regarding the staff, services and support
provided pursuant to paragraphs 4, 5 and 8.
7. The appropriations for the expenditure of the Authority shall be provided under a
separate Title in the Section for the European Parliament in the general budget of the
European Union. The appropriations shall be sufficient to ensure the full and independent
operation of the Authority. A draft budgetary plan for the Authority shall be submitted to the
European Parliament by the Director, and shall be made public. The European Parliament
shall delegate the duties of Authorising Officer with respect to those appropriations to the
Director of the Authority.
8. Council Regulation No 134
shall apply to the Authority.
The translation services required for the functioning of the Authority and the Register shall be
provided by the Translation Centre for the Bodies of the European Union.
9. The Authority and the Authorising Officer of the European Parliament shall share all
information necessary for the execution of their respective responsibilities under this
Regulation.
10. The Director shall submit annually a report to the European Parliament, the Council
and the Commission on the activities of the Authority. The Authority shall make the
reports public on its website.
11. The Court of Justice of the European Union shall review the legality of the decisions
of the Authority in accordance with Article 263 TFEU and shall have jurisdiction in disputes
relating to compensation for damage caused by the Authority in accordance with Articles 268
and 340 TFEU. Should the Authority fail to take a decision where it is required to do so by
this Regulation, proceedings for failure to act may be brought before the Court of Justice of
the European Union in accordance with Article 265 TFEU.
Article 87
Register of European political parties and foundations
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 3632.
34
Council Regulation No 1 of 15 April 1958 determining the languages to be used by the European
Economic Community (OJ 17, 6.10.1958, p. 385/58).
EN 37 EN
2. In order to ensure the proper functioning of the Register, the Commission shall be
is empowered to adopt delegated acts in accordance with Article 4036 and within the
scope of the relevant provisions of this Regulation concerning:
(a) the information and supporting documents held by the Authority for which the
Register is to be the competent repository, which shall include the statutes of a
European political party or European political foundation, any other documents
submitted as part of an application for registration in accordance with Article 98(2),
any documents received from the Member State of the seat as referred to in Article
1815(2), and information on the identity of the persons who are members of bodies
or hold offices that are vested with powers of administrative, financial and legal
representation, as referred to in point (f) of Article 4(1), point (f), and point (g) of
Article 65(1), point (g);
(b) materials from the Register as referred to in point (a) of this paragraph for which the
Register is to be competent to certify legality as established by the Authority
pursuant to its competences under this Regulation. The Authority shall not be
competent to verify compliance by a European political party or European political
foundation with any obligation or requirement imposed on the party or foundation in
question by the Member State of the seat pursuant to Articles 4 and 6,5 and Article
1714(2) which is additional to the obligations and requirements laid down by this
Regulation.
3. The Commission shall by implementing acts specify the details of the registration
number system to be applied for the Register and standard extracts from the Register to be
made available to third parties upon request, including the content of letters and documents.
Such extracts shall not include personal data other than the identity of the persons who are
members of bodies or hold offices that are vested with powers of administrative, financial and
legal representation, as referred to in point (f) of Article 4(1), point (f), and point (g) of
Article 65(1), point (g). Those implementing acts shall be adopted in accordance with the
examination procedure referred to in Article 4137.
Article 98
Application for registration
1. An application for registration shall be filed with the Authority. An application for
registration as a European political foundation shall be filed only through the European
political party with which the applicant is formally affiliated.
2. The application shall be accompanied by:
(a) documents proving that the applicant satisfies the conditions laid down in Article 3,
including a standard formal declaration in the form set out in the Annex I;
(b) the statutes of the party or foundation, containing the provisions required by Articles
4 and 65, including the relevant annexes and, where applicable, the statement of the
Member State of the seat referred to in Article 1815(2).
3. The Commission shall be is empowered to adopt delegated acts in accordance
with Article 4036 and within the scope of the relevant provisions of this Regulation
concerning :
(a) to identify the identification of any supplementary information or supporting
document in relation to paragraph 2 necessary to allow the Authority to fully
EN 38 EN
discharge its responsibilities under this Regulation in relation to the operation of the
Register;
(b) to amend the amendment of the standard formal declaration in the Annex I in
respect of the particulars to be filled in by the applicant where necessary, in order to
ensure that sufficient information is being held in relation to the signatory, his or
her their mandate and the European political party or European political
foundation which they he or she is mandated to represent for the purposes of
the declaration.
4. Documentation submitted to the Authority as part of the application shall be published
immediately on the website referred to in Article 3632.
Article 109
Examination of the application and decision of the Authority
1. The application shall be examined by the Authority in order to determine whether the
applicant satisfies the conditions for registration laid down in Article 3 and whether the
statutes contain the provisions required by Articles 4 and 65.
2. The Authority shall adopt a decision to register the applicant, unless it establishes that
the applicant does not satisfy the conditions for registration laid down in Article 3 or that the
statutes do not contain the provisions required by Articles 4 and 65.
The Authority shall publish its decision to register the applicant within one month following
receipt of the application for registration or, where the procedures set out in Article 1815(4)
are applicable, within four months following receipt of the application for registration.
Where an application is incomplete, the Authority shall ask the applicant without delay to
submit any additional information required. For the purposes of the deadline laid down in the
second subparagraph, time shall only start to run from the date of receipt by the Authority of a
complete application.
3. The standard formal declaration referred to in point (a) of Article 98(2), point (a), shall
be considered sufficient for the Authority to ascertain that the applicant complies with the
conditions specified in point (c) of Article 3(1), points (d) and (e), or point (c) of Article 3(2),
points (c) and (d), whichever is applicable.
4. A decision of the Authority to register an applicant shall be published in the Official
Journal of the European Union, together with the statutes of the party or foundation
concerned. A decision not to register an applicant shall be published in the Official Journal of
the European Union, together with the detailed grounds for rejection.
5. Any amendments to the documents or statutes submitted as part of the application for
registration in accordance with Article 98(2) shall be notified to the Authority, which shall
update the registration in accordance with the procedures set out in Article 1815(2) and (4),
mutatis mutandis.
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 point (b) of Article 3(1), point (b), shall be communicated to the Authority within four
weeks of any such change.
EN 39 EN
Article 1110
Verification of compliance with registration conditions and requirements
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 points (a), (b) and (d) to (f) of Article 4(1), points
(a), (b), (d), (e) and (f), and Article 6(1), points (a) to (e) and (g) of Article 5(1), continue to
be complied with by registered European political parties and European political foundations.
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 (dc), of Article 3(1) and Article 3(2), point (c)of Article 3(2), are no longer complied
with, it shall notify the European political party or foundation concerned.
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 point (c) of Article 3(1), point (d), and
Article 3(2), point (c) of Article 3(2). In such cases, and in the cases referred to in point (a) of
Article 1916(3), point (a), the Authority shall ask the committee of independent eminent
persons established by referred to in Article 1411 for an opinion on the subject. The
committee shall give its opinion within two months.
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 point (c) of Article 3(1), point (d), and point (c) of 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.
2019/493 Art. 1.2
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 1210a.
1141/2014 (adapted)
new
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.
A decision of the Authority to de-register on grounds of non-compliance with the conditions
set out in point (c) of Article 3(1), point (d), or point (c) of 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.
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
EN 40 EN
in point (c) of Article 3(1), point (d), or point (c) of 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.
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 in point (c) of
Article 3(1), point (d), and point (c) of Article 3(2), point (c).
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.
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.
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., together with the detailed grounds for de-
registration, and The decision shall enter into force three months following the date of
such publication take effect upon notification in accordance with Article 297 TFEU .
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.
2019/493 Art. 1.3 (adapted)
Article 1210a
Verification procedure related to infringements of rules on the protection of personal
data
1. No European political party or European political foundation shall deliberately
influence, or attempt to influence, the outcome of elections to the European Parliament by
taking advantage of an infringement by a natural or legal person of the applicable rules on the
protection of personal data.
2. If the Authority is informed of a decision of a national supervisory authority within the
meaning of point 21 of Article 4, point (21), of Regulation (EU) 2016/679 of the European
Parliament and of the Council35
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
35
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
protection of natural persons with regard to the processing of personal data and on the free movement of
such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016,
p. 1).
EN 41 EN
the European Parliament, the Authority shall refer this matter to the committee of independent
eminent persons established by referred to in Article 1411 of this Regulation. The
Authority may, if necessary, liaise with the national supervisory authority concerned.
3. The committee referred to in paragraph 2 shall give an opinion as to whether the
European political party or European political foundation concerned has deliberately
influenced or attempted to influence the outcome of elections to the European Parliament by
taking advantage of that infringement. The Authority shall request the opinion without undue
delay, and no later than 1 one month after being informed of the decision of the
national supervisory authority. The Authority shall set a short, reasonable deadline for the
committee to give its opinion. The committee shall comply with that deadline.
4. Having regard to the committee's opinion, the Authority shall decide, pursuant to point
(a)(vii) of Article 3027(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.
5. The procedure set out in this Article is without prejudice to the procedure set out in
Article 1110.
new
Article 13
Reporting on political advertising
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.
1141/2014 (adapted)
1 2019/493 Art. 1.4
new
Article 1411
Committee of independent eminent persons
1. A The committee of independent eminent persons is hereby established by
Regulation (EU, Euratom) No 1141/2014 . It shall consist of six members, with the
European Parliament, the Council and the Commission each appointing two members. The
members of the committee shall be selected on the basis of their personal and professional
qualities. They shall neither be members of the European Parliament, the Council or the
Commission, nor hold any electoral mandate, be officials or other servants of the European
Union or be current or former employees of a European political party or a European political
foundation.
Members of the committee shall be independent in the performance of their duties. They shall
neither seek nor take instructions from any institution or government or from any other body,
EN 42 EN
office or agency, and shall refrain from any act which is incompatible with the nature of their
duties.
The committee shall be renewed within six months after the end of the first session of the
European Parliament following each election to the European Parliament. The mandate of the
members shall not be renewable.
2. The committee shall adopt its own rules of procedure. The chair of the committee
shall be elected by its members from amongst their number in accordance with those rules.
The secretariat and funding of the committee shall be provided by the European Parliament.
The secretariat of the committee shall act under the sole authority of the committee.
3. 1 When requested by the Authority, the committee shall give an opinion on:
(a) any possible manifest and serious breach of the values on which the Union is
founded, as referred to in point (c) of Article 3(1), point (d), and point (c) of
Article 3(2), point (c), by a European political party or a European political
foundation;
(b) whether a European political party or a European political foundation has
deliberately influenced or attempted to influence the outcome of elections to the
European Parliament by taking advantage of an infringement of the applicable rules
on the protection of personal data;.
In the cases referred to in points (a) orand (b) of the first subparagraph, points (a) and (b), the
committee may request any relevant document or evidence from the Authority, the European
Parliament, the European political party or European political foundation concerned, other
political parties, political foundations or other stakeholders, and it may request to hear their
representatives. In the case referred to in point (b) of the first subparagraph, point (b), the
national supervisory authority referred to in Article 1210a shall cooperate with the committee
in accordance with applicable law.
In its opinions, the committee shall give full consideration to the fundamental right of
freedom of association and to the need to ensure pluralism of political parties in Europe.
The opinions of the committee shall be made public without delay.
CHAPTER III
LEGAL STATUS OF EUROPEAN POLITICAL PARTIES AND
EUROPEAN POLITICAL FOUNDATIONS
Article 1512
Legal personality
European political parties and European political foundations shall have European legal
personality.
Article 1613
Legal recognition and capacity
European political parties and European political foundations shall enjoy legal recognition
and capacity in all Member States.
EN 43 EN
Article 1714
Applicable law
1. European political parties and European political foundations shall be governed by
this Regulation.
2. For matters not regulated by this Regulation or, where matters are only partly
regulated by it, for those aspects which are not covered by it, European political parties and
European political foundations shall be governed by the applicable provisions of national law
in the Member State in which they have their respective seats.
Activities carried out by European political parties and European political foundations in
other Member States shall be governed by the relevant national laws of those Member States.
3. For matters not regulated by this Regulation or by the applicable provisions pursuant
to paragraph 2 or, where matters are only partly regulated by them, for those aspects which
are not covered by them, European political parties and European political foundations shall
be governed by the provisions of their respective statutes.
Article 1815
Acquisition of European legal personality
1. A European political party or a European political foundation shall acquire European
legal personality on the date of publication in the Official Journal of the European Union of
the decision of the Authority to register it, pursuant to Article 109.
2. If the Member State in which an applicant for registration as a European political party
or a European political foundation has its seat so requires, the application submitted pursuant
to Article 98 shall be accompanied by a statement issued by that Member State, certifying that
the applicant has complied with all relevant national requirements for application, and that its
statutes are in conformity with the applicable law referred to in the first subparagraph of
Article 1714(2).
3. Where the applicant enjoys legal personality under the law of a Member State, the
acquisition of European legal personality shall be regarded by that Member State as a
conversion of the national legal personality into a successor European legal personality. The
latter shall fully maintain any pre-existing rights and obligations of the former national legal
entity, which shall cease to exist as such. The Member States concerned shall not apply
prohibitive conditions in the context of such conversion. The applicant shall maintain its seat
in the Member State concerned until a decision in accordance with Article 109 has been
published.
4. If the Member State in which the applicant has its seat so requires, the Authority shall
fix the date of the publication referred to in paragraph 1 only after consultation with that
Member State.
Article 1916
Termination of European legal personality
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) entry into
force of a decision of the Authority to remove it from the Register as published in the Official
Journal of the European Union. The decision shall enter into force three months after such
EN 44 EN
publication unless the European political party or the European political foundation concerned
requests a shorter period.
2. A European political party or a European political foundation shall be removed from
the Register by a decision of the Authority:
(a) as a consequence of a decision adopted pursuant to Article 1110(2) to (5);
(b) in the circumstances provided for in Article 1110(6);
(c) at the request of the European political party or European political foundation
concerned; or
(d) in the cases referred to in point (b) of the first subparagraph of paragraph 3, first
subparagraph, point (b), of this Article.
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 1714(2), the Member State of the seat may address to the Authority a duly reasoned
request for de-registration which must 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:
(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 1110(3) of this Regulation .
Article 1110(4), (5) and (6) of this Regulation shall also apply;
(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.
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 1714(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 point (a) of the first subparagraph, point (a), of this paragraph.
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.
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.
5. If the European political party or European political foundation concerned acquires
legal personality under the law of the Member State of its seat, such acquisition shall be
regarded by that Member State as a conversion of the European legal personality into a
national legal personality that fully maintains the pre-existing rights and obligations of the
former European legal entity. The Member State in question shall not apply prohibitive
conditions in the context of such conversion.
6. If the European political party or European political foundation does not acquire legal
personality under the law of the Member State of its seat, it shall be wound up in accordance
EN 45 EN
with the applicable law of that Member State. The Member State concerned may require that
such winding-up be preceded by the acquisition by the party or foundation concerned of
national legal personality in accordance with paragraph 5.
7. In all situations referred to in paragraphs 5 and 6, the Member State concerned shall
ensure that the not-for-profit condition laid down in Article 3 is fully respected. The Authority
and the Authorising Officer of the European Parliament may agree with the Member State
concerned the modalities for termination of the European legal personality, in particular in
order to ensure the recovery of any funds received from the general budget of the European
Union and the payment of any financial sanctions imposed in accordance with Article 3027.
CHAPTER IV
FUNDING PROVISIONS
Article 2017
Funding conditions
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 136106(1) of the Financial Regulation 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.
2. A European political foundation which is affiliated with a European political party
eligible to apply for funding under paragraph 1, which is registered in accordance with the
conditions and procedures laid down in this Regulation, and which is not in one of the
situations of exclusion referred to in Article 136106(1) of the Financial Regulation
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 proposals.
3. For the purposes of determining eligibility for funding from the general budget of the
European Union in accordance with paragraph 1 of this Article and point (b) of Article 3(1),
point (b), and for the application of Article 2219(1), a member of the European Parliament
shall be considered as a member of only one European political party, which shall, where
relevant, be the one to which their his or her national or regional political party is
affiliated on the final date for the submission of applications for funding.
2018/673 Art. 1.6 (adapted)
new
4. Financial contributions or grants from the general budget of the European Union shall
not exceed 90 95 % of the annual reimbursable expenditure indicated in the budget of a
European political party and 95 % of the eligible costs incurred by a European political
foundation. European political parties may use any unused part of the Union contribution
awarded to cover reimbursable expenditure within the financial year following its award.
Amounts unused after that financial year shall be recovered in accordance with the Financial
Regulation Regulation (EU, Euratom) 2018/1046 . Financial contributions in the
EN 46 EN
year of elections to the European Parliament may cover 100% of the reimbursable expenditure
incurred by a European political party.
1141/2014
5. Within the limits set out in Articles 2421 and 2522, 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.
Article 2118
Application for funding
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 2017(1) or (2) shall file an application with the European Parliament following a call
for contributions or proposals.
2019/493 Art. 1.5 (adapted)
new
2. The European political party and the European political foundation must shall ,
at the time of its application, comply with the obligations listed in Article 2623, and, Ffrom
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 may shall
not be the subject of any of the sanctions provided for in Article 3027(1) and in point (a) (v),
(vi), and (vii) of Article 3027(2) , points (a) (v) to (ix) .
2018/673 Art. 1.7 (adapted)
2a3. 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), in a clearly visible and user-friendly manner, throughout the
12 months preceding the final date for submission of applications, the political programme
and logo of the European political party.
new
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.
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.
EN 47 EN
1141/2014 (adapted)
63. A European political foundation shall include in its application its annual work
programme or action plan.
74. 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 the Financial
Regulation Regulation (EU, Euratom) 2018/1046 .
85. A European political foundation may apply for funding from the general budget of the
European Union only through the European political party with which it is affiliated.
Article 2219
Award criteria and distribution of funding
2018/673 Art. 1.8
1. The respective appropriations available to those European political parties and
European political foundations which have been awarded contributions or grants in
accordance with Article 2118 shall be distributed annually on the basis of the following
distribution key:
(a) 10 % shall be distributed among the beneficiary European political parties in equal
shares;,
(b) 90 % shall be distributed among the beneficiary European political parties in
proportion to their share of elected members of the European Parliament.
The same distribution key shall be used to award funding to European political foundations,
on the basis of their affiliation with a European political party.
1141/2014 (adapted)
new
2. The distribution referred to in paragraph 1 shall be based on the number of elected
members of the European Parliament who are members of the applicant European political
party on the final date for the submission of applications for funding, taking into account
Article 2017(3).
After that date, any changes to the number shall not affect the respective share of funding
between European political parties or European political foundations. This is without
prejudice to the requirement in Article 2017(1) for a European political party to be
represented in the European Parliament by at least one of its members.
Article 2320
Donations, and contributions and own resources
1. European political parties and European political foundations may accept donations
from natural or legal persons of up to a value of EUR 18000 per year and per donor.
EN 48 EN
2. European political parties and European political foundations shall, at the time of the
submission of their annual financial statements in accordance with Article 2623, 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.
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 point (e) of Article 3632(1), point (e).
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.
4. Single donations the value of which exceeds EUR 12000 that have been accepted by
European political parties and European political foundations shall be immediately reported to
the Authority in writing and in accordance with paragraph 2.
new
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.
The Authority shall establish a form to be used for purposes of the first subparagraph.
1141/2014 (adapted)
65. European political parties and European political foundations shall not accept any of
the following:
(a) anonymous donations or contributions;
(b) donations from the budgets of political groups in the European Parliament;
(c) donations from any public authority from a Member State or a third country, or from
any undertaking over which such a public authority may exercise, directly or
indirectly, a dominant influence by virtue of its ownership of it, its financial
participation therein, or the rules which govern it; or
(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.
76. Any donation that is not permitted under this Regulation shall within 30 days
following the date of its receipt by a European political party or a European political
foundation:
(a) be returned to the donor or to any person acting on the donor's behalf; or
(b) where it is not possible to return it, be reported to the Authority and the European
Parliament.
EN 49 EN
Where a donation is reported, pursuant to the first subparagraph, point (b), tThe
Authorising Officer of the European Parliament shall establish the amount receivable and
authorise the recovery in accordance with the provisions laid down in Articles 98 to 100 of
the Financial Regulation Regulation (EU, Euratom) 2018/1046 . The funds shall be
entered as general revenue in the European Parliament section of the general budget of the
European Union.
new
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.
1141/2014 (adapted)
new
97. Contributions from members of to a European political party from its members
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 such contributions from members shall not exceed 40 % of the
annual budget of that 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.
108. Contributions to a European political foundation from its 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 such contributions from members shall not exceed 40 % of the
annual budget of that a European political foundation and shall may 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.
The burden of proof shall rest with the European political party concerned, which shall clearly
indicate in its accounts the origin of funds used to finance its affiliated European political
foundation.
119. Without prejudice to paragraphs 87 and 98, European political parties and European
political foundations may accept from citizens who are their members contributions up to a
value of EUR 18000 per year and per member, where such contributions are made by the
member concerned on his or her own behalf.
The ceiling laid down in the first subparagraph shall not apply where the member concerned
is also an elected member of the European Parliament, of a national parliament or of a
regional parliament or regional assembly.
1210. Any contribution that is not permitted under this Regulation shall be returned in
accordance with paragraph 76.
EN 50 EN
new
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.
1141/2014 (adapted)
Article 2421
Financing of campaigns in the context of elections to the European Parliament
1. Subject to the second subparagraph, the funding of European political parties from the
general budget of the European Union or from any other source may be used to finance
campaigns conducted by the European political parties in the context of elections to the
European Parliament in which they or their members participate as required by point (d) of
Article 3(1), point (f).
In accordance with Article 8 of the Act concerning the election of the members of the
European Parliament by direct universal suffrage36
, the funding and possible limitation of
election expenses for all political parties, candidates and third parties in, in addition to their
participation in, elections to the European Parliament is governed in each Member State by
national provisions.
new
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.
1141/2014 (adapted)
new
32. Expenditure linked to the campaigns referred to in paragraphs 1 and 2 shall be
clearly identified as such by the European political parties in their annual financial statements.
Article 2522
Prohibition of funding
1. Notwithstanding Article 2421(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.
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
36
OJ L 278, 8.10.1976, p. 5.
EN 51 EN
financing their tasks as listed in point (4) of Article 2, point (4), and to meet expenditure
directly linked to the objectives set out in their statutes in accordance with Article 65. It shall
in particular not be used for the direct or indirect funding of elections, political parties, or
candidates or other foundations.
3. The funding of European political parties and European political foundations from the
general budget of the European Union or from any other source shall not be used to finance
referendum campaigns.
CHAPTER V
CONTROL AND SANCTIONS
Article 2623
Accounts, reporting and audit obligations
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:
(a) their annual financial statements and accompanying notes, covering their revenue
and expenditure, assets and liabilities at the beginning and at the end of the financial
year, in accordance with the law applicable in the Member State in which they have
their seat and their annual financial statements on the basis of the international
accounting standards defined in Article 2 of Regulation (EC) No 1606/2002 of the
European Parliament and of the Council;
(b) an external audit report on the annual financial statements, covering both the
reliability of those financial statements and the legality and regularity of their
revenue and expenditure, carried out by an independent body or expert; and
(c) the list of donors and contributors and their corresponding donations or contributions
reported in accordance with Article 2320(2), (3) and (4).
2. Where expenditure is implemented by European political parties jointly with national
political parties or by European political foundations jointly with national political
foundations, or with other organisations, evidence of the expenditure incurred by the
European political parties or by the European political foundations directly or through those
third parties shall be included in the annual financial statements referred to in paragraph 1.
3. The independent external bodies or experts referred to in point (b) of paragraph 1,
point (b), shall be selected, mandated and paid by the European Parliament. They shall be
duly authorised to audit accounts under the law applicable in the Member State in which they
have their seat or establishment.
4. European political parties and European political foundations shall provide any
information requested by the independent bodies or experts for the purpose of their audit.
5. The independent bodies or experts shall inform the Authority and the Authorising
Officer of the European Parliament of any suspected illegal activity, fraud or corruption
which may harm the financial interests of the Union. The Authority and the Authorising
Officer of the European Parliament shall inform the National Contact Points concerned
thereof.
EN 52 EN
Article 2724
General rules on control
1. Control of compliance by European political parties and European political
foundations with their obligations under this Regulation shall be exercised, in cooperation, by
the Authority, by the Authorising Officer of the European Parliament and by the competent
Member States.
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, points (a), (b), and (d) to (f) of Article 4(1), points (a), (b), (d), (e) and (f), points (a)
to (e) and (g) of Article 65(1), points (a) to (e) and (g), Article 109(5) and (6), and Articles
2320, 2421 and 2522.
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 the Financial Regulation 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.
3. The control by the Authority and by the Authorising Officer of the European
Parliament referred to in paragraph 2 shall not extend to compliance by European political
parties and European political foundations with their obligations under applicable national
law as referred to in Article 1714.
4. European political parties and European political foundations shall provide any
information requested by the Authority, the Authorising Officer of the European Parliament,
the Court of Auditors, the European Anti-Fraud Office (OLAF) or Member States which is
necessary for the purpose of carrying out the controls for which they are responsible under
this Regulation.
Upon request and for the purpose of controlling compliance with Article 2320, European
political parties and European political foundations shall provide the Authority with
information concerning contributions made by individual members and the identity of such
members. Moreover, where appropriate, the Authority may require European political parties
to provide signed confirmatory statements from members holding elected mandates for the
purpose of controlling compliance with the condition laid down in the first subparagraph of
point (b) of Article 3(1), point (b) (i).
Article 2825
Implementation and control in respect of Union funding
1. Appropriations for the funding of European political parties and European political
foundations shall be determined under the annual budgetary procedure and shall be
implemented in accordance with this Regulation and the Financial Regulation Regulation
(EU, Euratom) 2018/1046 .
The terms and conditions for contributions and grants shall be laid down by the Authorising
Officer of the European Parliament in the call for contributions and the call for proposals.
2. Control of funding received from the general budget of the European Union and its
use shall be exercised in accordance with the Financial Regulation Regulation (EU,
Euratom) 2018/1046 .
EN 53 EN
Control shall also be exercised on the basis of annual certification by an external and
independent audit, as provided for in Article 2623(1).
3. The Court of Auditors shall exercise its audit powers in accordance with Article 287
TFEU.
4. Any document or information required by the Court of Auditors in order to enable it to
carry out its task shall be supplied to it at its request by the European political parties and the
European political foundations that receive funding in accordance with this Regulation.
5. The contribution and grant decision or agreement shall expressly provide for auditing
by the European Parliament and the Court of Auditors, on the basis of records and on the spot,
of the European political party which has received a contribution or the European political
foundation which has received a grant from the general budget of the European Union.
6. The Court of Auditors and the Authorising Officer of the European Parliament, or any
other external body authorised by the Authorising Officer of the European Parliament, may
carry out the necessary checks and verifications on the spot in order to verify the legality of
expenditure and the proper implementation of the provisions of the contribution and grant
decision or agreement, and, in the case of European political foundations, the proper
implementation of the work programme or action. The European political party or European
political foundation in question shall supply any document or information needed to carry out
this task.
7. OLAF may carry out investigations, including on-the-spot checks and inspections, in
accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No
883/2013 of the European Parliament and of the Council37
and Council Regulation (Euratom,
EC) No 2185/9638
, with a view to establishing whether there has been fraud, corruption or any
other illegal activity affecting the financial interests of the Union in connection with
contributions or grants under this Regulation. If appropriate, its findings may give rise to
recovery decisions by the Authorising Officer of the European Parliament.
Article 2926
Technical support
All technical support provided by the European Parliament to European political parties shall
be based on the principle of equal treatment. It shall be granted on conditions no less
favourable than those granted to other external organisations and associations that may be
accorded similar facilities and shall be supplied against invoice and payment.
Article 3027
Sanctions
37
Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council
of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF)
and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and
Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).
38
Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks
and inspections carried out by the Commission in order to protect the European Communities' financial
interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).
EN 54 EN
1. In accordance with Article 1916, 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:
(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 has been
found by a judgment having the force of res judicata to have engaged in illegal
activities detrimental to the financial interests of the Union as defined in Article
106(1) of the Financial Regulation;
2018/673 Art. 1.9(a)
(b) where it is established, in accordance with the procedures set out in Article 1110(2)
to (5), that it no longer fulfils one or more of the conditions set out in Article 3(1) or
(2);
2018/673 Art. 1.9(b) (adapted)
(cba) 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; or
1141/2014
new
(dc) 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 point (b) of
Article 1916(3), point (b).
2. The Authority shall impose financial sanctions in the following situations:
(a) non-quantifiable infringements:
(i) in the event of non-compliance with the requirements of Article 109(5) or (6);
(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 points (a), (b) and (d) to (f) of Article 4(1),
points (a), (b), (d), (e), (f), (i) and (j) and with points (a), (b), (d) and (e)
of Article 65(1), points (a), (b), (d) and (e);
(iii) in the event of failure to transmit the list of donors and their corresponding
donations in accordance with Article 2320(2) or to report donations in
accordance with Article 2320(3) and (4);
(iv) where a European political party or a European political foundation has
infringed the obligations laid down in Article 2623(1) or Article 2724(4);
(v) where a European political party or a European political foundationhas been
found by a judgment having the force of res judicata to have engaged in illegal
activities detrimental to the financial interests of the Union as defined in
Article 106(1) of the Financial Regulation is in one of the situations of
exclusion referred to in Article 136(1) of Regulation (EU, Euratom)
2018/1046 ;
EN 55 EN
(vi) where the European political party or the European political foundation
concerned has at any time intentionally omitted to provide information or has
intentionally provided incorrect or misleading information,or where the bodies
authorised by this Regulation to audit or conduct checks on the beneficiaries of
funding from the general budget of the European Union detect inaccuracies in
the annual financial statements which are regarded as constituting material
omissions or misstatements of items in accordance with the international
accounting standards defined in Article 2 of Regulation (EC) No 1606/2002 of
the European Parliament and of the Council39
;
2019/493 Art. 1.6(a)
(vii) where, in accordance with the verification procedure provided for in
Article 1210a, it is established that a European political party or a European
political foundation has deliberately influenced or attempted to influence the
outcome of elections to the European Parliament by taking advantage of an
infringement of the applicable rules on the protection of personal data;
new
(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);
(ix) in the event of failure to provide evidence on gender representation in
accordance with Article 21(4).
1141/2014 (adapted)
new
(b) quantifiable infringements:
(i) where a European political party or a European political foundation has
accepted donations and contributions that are not permitted under Article
2320(1) or (5), unless the conditions laid down in Article 2320(76) are met;
(ii) in the event of non-compliance with the requirements laid down in Articles
2421 and 2522.
3. The Authorising Officer of the European Parliament may exclude a European political
party or a European political foundation from future Union funding for up to five years, or up
to 10 years in cases of an infringement repeated within a five-year period, when it has been
found guilty of any of the infringements listed in points (v) and (vi) of point (a) of paragraph
2, points (a)(v) and (vi). This is without prejudice to the powers of the Authorising Officer of
the European Parliament as set out in Article 204n 231 of the Financial Regulation
Regulation (EU, Euratom) 2018/1046 .
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:
39
Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19
July 2002 on the application of international accounting standards (OJ L 243,
11.9.2002, p. 1).
EN 56 EN
(a) in cases of non-quantifiable infringements, a fixed percentage of the annual budget of
the European political party or European political foundation concerned as
follows :
(i) up to 5 %;, or
(ii) from 5% to 10% 7,5 % if there are concurrent infringements;, or
(iii) from 10% to 15 % 20 % if the infringement in question is a repeated
infringement;, or
new
(iv) from 15% to 20 % in the case of further repeated infringements;
1141/2014 (adapted)
new
(v) a third of the percentages set out above in points (i) to (iv) if the
European political party or European political foundation concerned has
voluntarily declared the infringement before the Authority has officially
opened an investigation, even in the case of a concurrent infringement or a
repeated infringement, and the party or foundation concerned has taken the
appropriate corrective measures;,
(vi) 50 % of the annual budget of the European political party or European political
foundation concerned for the preceding year, when it has been found by a
judgment having the force of res judicata to have engaged in illegal activities
detrimental to the financial interests of the Union as defined is in one of the
situations of exclusion referred to in Article 106136(1) of the Financial
Regulation Regulation (EU, Euratom) 2018/1046 .
(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:
– (i) 100 % of the irregular sums received or not reported where those sums
do not exceed EUR 50000;, or
– (ii) 150 % of the irregular sums received or not reported where those sums
exceed EUR 50000 but do not exceed EUR 100000;, or
– (iii) 200 % of the irregular sums received or not reported where those sums
exceed EUR 100000 but do not exceed EUR 150000;, or
– (iv) 250 % of the irregular sums received or not reported where those sums
exceed EUR 150000 but do not exceed EUR 200000;, or
– (v) 300 % of the irregular sums received or not reported where those sums
exceed EUR 200000;, or
– (vi) one third of the percentages indicated above in points (i) to (v)
if the European political party or European political foundation concerned has
voluntarily declared the infringement before the Authority and/or the
Authorising Officer of the European Parliament has officially opened an
EN 57 EN
investigation and the party or foundation concerned has taken the appropriate
corrective measures.
For the application of the percentages indicated above in the first subparagraph , each
donation or contribution shall be considered separately.
5. Whenever a European political party or a European political foundation has
committed concurrent infringements of this Regulation, only the sanction laid down for the
most serious infringement shall be imposed, unless otherwise provided in point (a) of
paragraph 4, first subparagraph, point (a).
6. The sanctions laid down in this Regulation shall be subject to a limitation period of
five ten years from the date of commission of the infringement concerned or, in the case
of continuing or repeated infringements, from the date on which those infringements ceased.
2019/493 Art. 1.6(b)
7. Where a decision of the national supervisory authority as referred to in Article 1210a
has been repealed, or where a remedy against such decision has been granted, provided that
all national remedies have been exhausted, the Authority shall review any sanction imposed
pursuant to point (a)(vii) of paragraph 2, point (a)(vii), at the request of the European political
party or European political foundation concerned.
2018/673 Art. 1.10
Article 3127a
Responsibility of natural persons
Where the Authority imposes a financial sanction in the situations referred to in points (a)(v)
or (a)(vi) of Article 2730(2), points (a)(v) or (a)(vi), it may, for the purpose of recovery
pursuant to Article 3430(2), establish that a natural person who is a member of the
administrative, management or supervisory body of the European political party or European
political foundation, or who has powers of representation, decision or control with regard to
the European political party or European political foundation is also responsible for the
infringement, in the following cases:
(a) in the situation referred to in point (a)(v) of Article 3027(2), point (a)(v), where, in
the judgment referred to in that provision, the natural person has been found to be
also responsible for the illegal activities in question;
(b) in the situation referred to in point (a)(vi) of Article 27(2), point (a)(vi), where the
natural person is also responsible for the conduct or inaccuracies in question.
EN 58 EN
1141/2014
Article 3228
Cooperation between the Authority, the Authorising Officer of the European
Parliament and the Member States
1. The Authority, the Authorising Officer of the European Parliament and the Member
States via the National Contact Points shall share information and keep each other regularly
informed of matters related to funding provisions, controls and sanctions.
2. They shall also agree on practical arrangements for such exchange of information,
including the rules regarding the disclosure of confidential information or evidence and the
cooperation among Member States.
new
3. The Authority and the Authorising Officer of the European Parliament shall regularly
exchange views and information on the interpretation and implementation of this Regulation.
1141/2014 (adapted)
1 2018/673 Art. 1.11(a)
new
43. 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 3027(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].
54. The Authority shall inform the Authorising Officer of the European Parliament of any
decision it has taken in relation to sanctions, in order to enable him or her to draw the
appropriate consequences under the Financial Regulation Regulation (EU,
Euratom) 2018/1046 .
Article 3329
Corrective measures and principles of good administration
1. With a view to fully comply with the obligations referred to in Article 38,
Bbefore taking the Authority’s a final decision relating to any of the sanctions referred
to in Article 3027, 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.
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 3027 shall be decided.
EN 59 EN
3. Paragraphs 1 and 2 shall not apply in relation to the conditions set out in points (b) to
(d) of Article 3(1), points (b) to (f) and in point (c) of Article 3(2), point (c).
Article 3430
Recovery
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 point (c) of Article 1916(2), point (c), and in points (b) and
(d) of Article 3(1), points (b) and (f). They He or sheshall also recover any Union
funding, including any unspent Union funds from previous years.
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 3027(1) and in points (v) and
(vi) of Article 3027(2), points (a) (v) and (vi), shall for that reason no longer be in compliance
with Article 2118(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 3127a has been taken, taking into account, where applicable,
exceptional circumstances relating to that natural person.
2018/673 Art. 1.11(b)
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.
1141/2014 (adapted)
new
This paragraph shall also be applicable to the cases referred to in point (c) of Article 1916(2),
point (c), and in points (b) and (d) of Article 3(1), points (b) and (f).
CHAPTER VI
FINAL PROVISIONS
Article 3531
Provision of information to citizens
Subject to Articles 2421 and 2522 and to their own statutes and internal processes, European
political parties may, in the context of elections to the European Parliament, take all
appropriate measures to inform citizens of the Union of the affiliations between national
political parties and candidates and the European political parties concerned.
EN 60 EN
Article 3632
Transparency
1. The European Parliament shall make public, 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 the following:
(a) the names and statutes of all registered European political parties and European
political foundations, together with the documents submitted as part of their
applications for registration in accordance with Article 98, at the latest four weeks
after the Authority has adopted its decision and, thereafter, any amendments notified
to the Authority pursuant to Article 109(5) and (6);
(b) a list of applications that have not been approved, together with the documents
submitted as part thereof, together with the application for registration in accordance
with Article 98 and the grounds for rejection, at the latest four weeks after the
Authority adopted its decision;
(c) an annual report with a table of the amounts paid to each European political party
and European political foundation, for each financial year for which contributions
have been received or grants have been paid from the general budget of the European
Union;
(d) the annual financial statements and external audit reports referred to in
Article 2623(1), and, for European political foundations, the final reports on the
implementation of the work programmes or actions;
(e) the names of donors and their corresponding donations reported by European
political parties and European political foundations in accordance with
Article 2320(2), (3) and (4), with the exception of donations from natural persons the
value of which does not exceed EUR 1500 per year and per donor, which shall be
reported as 'minor donations'. Donations from natural persons the annual value of
which exceeds EUR 1500 and is below or equal to EUR 3000 shall not be published
without the corresponding donor's prior written consent to their publication. If no
such prior consent has been given, such donations shall be reported as 'minor
donations'. The total amount of minor donations and the number of donors per
calendar year shall also be published;
(f) the contributions referred to in Article 2320(97) and (108) and reported by European
political parties and European political foundations in accordance with Article
2320(2), including the identity of the member parties or organisations which made
those contributions;
new
(g) in the 6-month period prior to the elections to the European Parliament, the weekly
reports received pursuant to Article 23(3);
1141/2014
(hg) the details of and reasons for any final decisions taken by the Authority pursuant to
Article 3027, including, where relevant, any opinions adopted by the committee of
independent eminent persons in accordance with Articles 1110 and 1411, having due
regard to Regulation (EU) 2018/1725(EC) No 45/2001;
EN 61 EN
(ih) the details of and reasons for any final decision taken by the Authorising Officer of
the European Parliament pursuant to Article 3027;
2018/673 Art. 1.12(a)
(ji) a description of the technical support provided to European political parties;
2018/673 Art. 1.12(b) (adapted)
(kj) the evaluation report of the European Parliament on the application of this
Regulation and on the funded activities referred to in Article 4238; and
2018/673 Art. 1.12(c)
(lk) an updated list of Members of the European Parliament who are members of a
European political party.
1141/2014 (adapted)
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 109(6), as well as the total number of individual
members.
3. Personal data shall be excluded from publication on the website referred to in
paragraph 1 unless those personal data are published pursuant to paragraph 1, points (a), (e),
or (hg) of paragraph 1.
4. European political parties and European political foundations shall, in a publicly
available privacy statement, provide potential members and donors with the information
required by Article 1310 of Regulation (EU) 2016/679Directive 95/46/EC, and shall inform
them that their personal data will be processed for auditing and control purposes by the
European Parliament, the Authority, OLAF, the Court of Auditors, Member States, or
external bodies or experts authorised thereby, and that their personal data will be made public
on the website referred to in paragraph 1 under the conditions set out in this Article. The
Authorising Officer of the European Parliament, in application of Article 1511 of Regulation
(EU) 2018/1725(EC) No 45/2001, shall include the same information in calls for
contributions or proposals as referred to in Article 2118(1) of this Regulation.
Article 3733
Protection of personal data
1. In processing personal data pursuant to this Regulation, the Authority, the European
Parliament and the committee of independent eminent persons established by referred to
in Article 1411 shall comply with Regulation (EC) No 45/2001(EU) 2018/1725. For the
purposes of the processing of personal data, they shall be considered data controllers in
accordance with point (d) of Article 23, point (8), of that Regulation.
2. In processing personal data pursuant to this Regulation, European political parties and
European political foundations, Member States when exercising control over aspects relating
to the financing of European political parties and European political foundations in
EN 62 EN
accordance with Article 2724, and the independent bodies or experts authorised to audit
accounts in accordance with Article 2623(1) shall comply with Regulation (EU)
2016/679Directive 95/46/EC and with the national provisions adopted pursuant thereto. For
the purposes of the processing of personal data, they shall be considered data controllers in
accordance with Article 4, point (7d) of Article 24 of that DirectiveRegulation.
3. The Authority, the European Parliament and the committee of independent eminent
persons established by referred to in Article 1411 shall ensure that personal data
collected by them pursuant to this Regulation are not used for any purpose other than to
ensure the legality, regularity and transparency of the funding of European political parties
and European political foundations and the membership of European political parties. They
shall erase all personal data collected for that purpose at the latest 24 months after the
publication of the relevant parts in accordance with Article 3632.
4. The Member States and independent bodies or experts authorised to audit accounts
shall use the personal data they receive only in order to exercise control over the financing of
European political parties and European political foundations. They shall erase those personal
data in accordance with applicable national law after transmission pursuant to Article 3228.
5. Personal data may be retained beyond the time limits laid down in paragraph 3 or
provided for by the applicable national law as referred to in paragraph 4 where such retention
is necessary for the purposes of legal or administrative proceedings relating to the funding of
a European political party or a European political foundation or the membership of a
European political party. All such personal data shall be erased at the latest one week after the
date of conclusion of the said proceedings by a final decision, or after any audits, appeals,
litigation or claims have been disposed of.
6. The data controllers referred to in paragraphs 1 and 2 shall implement appropriate
technical and organisational measures to protect personal data against accidental or unlawful
destruction, accidental loss, alteration or unauthorised disclosure or access, in particular
where the processing of such data involves their transmission over a network, and against all
other unlawful forms of processing.
7. The European Data Protection Supervisor shall be responsible for monitoring and
ensuring that the Authority, the European Parliament and the committee of independent
eminent persons established by referred to in Article 1411 respect and protect the
fundamental rights and freedoms of natural persons in the processing of personal data
pursuant to this Regulation. Without prejudice to any judicial remedy, any data subject may
lodge a complaint with the European Data Protection Supervisor if they he or she
considers that their his or her right to the protection of his or her their personal
data has been infringed as a result of the processing thereof by the Authority, the European
Parliament or the committee.
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) 2016/679Directive 95/46/EC and of the national provisions adopted pursuant
thereto, and in particular for the fraudulent use of personal data.
EN 63 EN
2018/673 Art. 1.13
Article 3834
Right to be heard
Before the Authority or the Authorising Officer of the European Parliament takes a decision
which may adversely affect the rights of a European political party, a European political
foundation, an applicant as referred to in Article 98 or a natural person as referred to in
Article 3127a, it shall hear the representatives of the European political party, European
political foundation or applicant, or the natural person concerned. The Authority or the
European Parliament shall duly state the reasons for its decision.
1141/2014 (adapted)
new
Article 3935
Right of appeal
Decisions taken pursuant to this Regulation may be the subject of court proceedings before
the Court of Justice of the European Union, in accordance with the relevant provisions of the
TFEU.
Article 4036
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the
conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 5 (2) and (4),
Article 87(2) and Article 98(3) shall be conferred on the Commission for a an
undetermined period of five years time from 24 November 2014 [date of entry
into force of the Regulation] . The Commission shall draw up a report in respect of the
delegation of power not later than nine months before the end of the five-year period. The
delegation of power shall be tacitly extended for periods of an identical duration, unless the
European Parliament or the Council opposes such extension not later than three months
before the end of each period.
3. The delegation of power referred to in Article 5(2) and (4), Article 87(2) and
Article 98(3) may be revoked at any time by the European Parliament or by the Council. A
decision to revoke shall put an end to the delegation of the power specified in that decision. It
shall take effect the day following the publication of the decision in the Official Journal of the
European Union or at a later date specified therein. It shall not affect the validity of any
delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by
each Member State in accordance with the principles laid down in the Interinstitutional
Agreement of 13 April 2016 on Better Law-Making.
54. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to
the European Parliament and to the Council.
EN 64 EN
65. A delegated act adopted pursuant to Article 5 (2) or (4), Article 87(2) and
or Article 98(3) shall enter into force only if no objection has been expressed either by
the European Parliament or the Council within a period of two months of notification of that
act 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 Commission that they will not
object. That period shall be extended by two months at the initiative of the European
Parliament or of the Council.
Article 4137
Committee procedure
1. The Commission shall be assisted by a committee the … [name of the committee]
established by … [reference to the legal act which created the committee] . That committee shall be
a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011
shall apply.
2018/673 Art. 1.14 (adapted)
new
Article 4238
Evaluation
The European Parliament shall, after consulting the Authority, publish by [one year after
the elections to the European Parliament] 31 December 2021 and every five years
thereafter a report on the application of this Regulation and on the activities funded. The
report shall indicate, where appropriate, possible amendments to be made to the statute and
funding systems.
No more than six months one year after the publication of the report by the European
Parliament, the Commission shall present a report on the application of this Regulation
accompanied, if appropriate, by a proposal to amend this Regulation. The
Commission’s report shall pay in which particular attention will be paid to its the
implications of this Regulation for the position of small European political parties and
European political foundations. The report shall, if appropriate, be accompanied by a
legislative proposal to amend this Regulation. However, the Commission’s report shall not
cover the evaluation of the requirements for political advertising set out in this Regulation,
which shall be part of the report referred to in Article 19 of Regulation 2022/xx [on the
transparency and targeting of political advertising].
1141/2014 (adapted)
Article 4339
Effective application
Member States shall make such provision as is appropriate to ensure the effective application
of this Regulation.
EN 65 EN
Article 40
Repeal
Regulation (EC) No 2004/2003 is repealed with effect from the date of entry into force of this
Regulation. It shall however continue to apply as regards acts and commitments relating to
the funding of political parties and political foundations at European level for the 2014, 2015,
2016 and 2017 budget years.
2018/673 Art. 1.15
Article 4440a
Transitional provision
1. The provisions of this Regulation applicable prior to 4 May 2018 shall continue to
apply as regards acts and commitments relating to the funding of European political parties
and European political foundations at European level for the financial year 2018.
2. By way of derogation from Article 18(2a), the Authorising Officer of the European
Parliament shall, before deciding on an application on funding for the financial year 2019,
request the evidence referred to in Article 18(2a) only for a period from 5 July 2018.
3. European political parties registered before 4 May 2018 shall, at the latest by 5 July
2018, submit documents proving that they satisfy the conditions laid down in points (b) and
(ba) of Article 3(1).
4. The Authority shall remove a European political party and its affiliated European
political foundation from the Register where the party in question fails to prove within the
period of time set out in paragraph 3 that it meets the conditions laid down in points (b) and
(ba) of Article 3(1).
new
1. By way of derogation from Article 5(4), until [five years after the entry into force of
this Regulation], the report on the implementation of the policy for the use of political
advertising shall cover the political advertisements published by the European political party
from [the date of entry into force of this Regulation]. The first report shall be prepared by
[one year after the entry into force of this Regulation].
2. Regarding the applications for funding for the first financial year following the entry
into force of this Regulation, the Authorising Officer of the European Parliament shall only
request the evidence referred to in Article 21(4) and (5) for the 6 months period preceding the
application.
2018/673 Art. 1.15 (adapted)
Article 45
Repeal
Regulation (EU, Euratom) No 1141/2014 is repealed.
EN 66 EN
References to the repealed Regulation shall be construed as references to this Regulation
and shall be read in accordance with the correlation table in Annex IV.
1141/2014 (adapted)
Article 4641
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.
The Commission shall adopt delegated acts as referred to in Article 7(2) and in point (a) of
Article 8(3) by no later than 1 July 2015.
This Regulation shall apply from 1 January 2017. The Authority referred to in Article 6 shall
however be set up by 1 September 2016. European political parties and European political
foundations registered after 1 January 2017 may only apply for funding under this Regulation
for activities starting in the 2018 budget year or thereafter.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the European Parliament For the Council
The President The President
1_EN_annexe_proposition_part1_v6.pdf
https://www.ft.dk/samling/20211/kommissionsforslag/kom(2021)0734/forslag/1832168/2487380.pdf
EN EN
EUROPEAN
COMMISSION
Brussels, 25.11.2021
COM(2021) 734 final
ANNEXES 1 to 4
ANNEXES
to 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)
{SEC(2021) 577 final} - {SWD(2021) 359 final} - {SWD(2021) 360 final}
Offentligt
KOM (2021) 0734 - Forslag til forordning
Europaudvalget 2021
EN 1 EN
1141/2014 (adapted)
new
ANNEX I
STANDARD DECLARATION TO BE FILLED IN BY EACH APPLICANT
The undersigned, who is fully mandated by [name of the European political party or European
political foundation], hereby certifies that:
[name of the European political party or European political foundation] and its members
having their seat inside the European Union are is committed to comply with the conditions
for registration laid down in point (c) of Article 3(1), points (d) and (e), or point (c) of Article
3(2), points (c) and (d), of Regulation (EU, Euratom) [this Regulation] No 1141/2014,
i.e. to observe, in particular in its programme and in its activities, the values on which the
Union is founded, as expressed in Article 2 of the Treaty on European Union, 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.
new
[Name of the European political party or European political foundation] is also committed to
ensure that the same applies to its member parties or member organisations having their seat
in the Union and that its member parties or member organisations having their seat outside the
Union observe equivalent values.
1141/2014
Authorised signatory:
Title (Ms, Mr, …), surname and forename:
Function in the organisation applying for registration as a European political party/European
political foundation:
Place/date:
Signature:
_____________
EN 2 EN
new
[ANNEX II
(1) Information on political advertising to be made available in the repository for
disclosures by European political parties
– links to the advertisement as published or where necessary, examples of other
audio or visual advertising campaign materials;
– provisional statement of the amounts spent or allocated by the European
political party for the preparation, placement, publication and dissemination of
the political advertisement as well as the actual amounts once known;
– the source of the funds being used for the specific advertisement campaign
including for the preparation, placement, publication and dissemination of a
political advertisement.
– in case targeting techniques are used, meaningful information on the
techniques used, including the points provided under Annex II to Regulation
2022/xx [on the transparency and targeting of political advertising].
(2) Information to be made available by European political parties in their website
– annually aggregated information on its use of targeted political advertising;
– a list of the specific campaigns with which political advertising was used;
– the amounts yearly spent on political advertising during the last 5 years;
– the distribution channels used;
– a link to the information made available in the repository for disclosure by
European political parties.]
_____________
EN 3 EN
ANNEX III
Repealed Regulation with list of the successive amendments thereto
Regulation (EU, Euratom) No 1141/2014 of the
European Parliament and of the Council
(OJ L 317, 4.11.2014, p. 1)
Regulation (EU, Euratom) 2018/673 of the European
Parliament and of the Council
(OJ L 114I, 4.5.2018, p. 1)
Regulation (EU, Euratom) 2019/493 of the European
Parliament and of the Council
(OJ L 085I, 27.3.2019, p. 7)
_____________
EN 4 EN
ANNEX IV
CORRELATION TABLE
Regulation (EU, Euratom) No 1141/2014 This Regulation
Article 1 Article 1
Article 2, introductory wording Article 2, introductory wording
Article 2, points 1 to 8 Article 2, points 1 to 8
Article 2, point 8a Article 2, point 9
Article 2, point 9 Article 2, point 10
[…] […]
Annex Annex I
- Annex II
- Annex III
- Annex IV
_____________
EN 5 EN
LEGISLATIVE FINANCIAL STATEMENT
1. FRAMEWORK OF THE PROPOSAL/INITIATIVE
1.1. Title of the proposal/initiative
1.2. Policy area(s) concerned in the ABM/ABB structure
1.3. Nature of the proposal/initiative
1.4. Objective(s)
1.5. Grounds for the proposal/initiative
1.6. Duration and financial impact
1.7. Management mode(s) planned
2. MANAGEMENT MEASURES
2.1. Monitoring and reporting rules
2.2. Management and control system
2.3. Measures to prevent fraud and irregularities
3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE
3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s)
affected
3.2. Estimated impact on expenditure
3.2.1. Summary of estimated impact on expenditure
3.2.2. Estimated impact on operational appropriations
3.2.3. Estimated impact on appropriations of an administrative nature
3.2.4. Compatibility with the current multiannual financial framework
3.2.5. Third-party contributions
3.3. Estimated impact on revenue
EN 6 EN
LEGISLATIVE FINANCIAL STATEMENT
1. FRAMEWORK OF THE PROPOSAL/INITIATIVE
1.1. Title of the proposal/initiative
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL amending Regulation (EU, Euratom) No 1141/2014 on the statute and funing
of European political parties and European political foundations
1.2. Policy area(s) concerned
Fundamental rights, democracy, political participation, internal market
1.3. The proposal relates to
a new action
a new action following a pilot project/preparatory action1
X the extension of an existing action
a merger of one or more actions towards another/a new action
1.4. Objective(s)
1.4.1. General objective(s)
The President von der Leyen Political Guidelines and the European Democracy Action
plan announced measures to ensure greater transparency on paid political advertising and
clearer rules on the funding of European political parties and foundations under Regulation
(EU, Euratom) No 1141/2014.
The evaluation of Regulation (EU, Euratom) No 1141/2014 found that the Regulation
created a useful legal framework for the functioning of European political parties and
foundations, but identified a number of loopholes in it. The revision of Regulation (EU,
Euratom) No 1141/2014 aims at closing these loopholes to better enable European political
parties and foundations fulfilling their rule as set out in Article 10(4) TEU.
The Commission’s report on the 2019 European elections noted the importance of
increased transparency of political advertising to ensure resilience and integrity of electoral
processes in the EU. It also noted the limited implementation of the 2018 Electoral
package recommendation in this respect and the need for further measures.
1.4.2. Specific objective(s)
European political parties, in particular the smaller ones, face difficulties matching the
10% co-financing rate currently set out in Regulation (EU, Euratom) No 1141/2014. For
this reason, their co-financing rate will be lowered and aligned with that of European
political foundations, which is of 5%.
For the year of the elections to the European Parliament, the co-financing rate for
European political parties will be 0%, with the view to enabling them to effectively
contribute to creating a truly European democratic space and a pan-European political
debate.
In order to ensure that the elections to the European Parliament take place under strong
1
As referred to in Article 58(2)(a) or (b) of Regulation (EU, Euratom) 2018/1046.
EN 7 EN
democracy rules, the Commission is proposing specific amendments to Regulation (EU,
Euratom) No 1141/2014 in order to guaranteed high transparency standards, targeting and
amplification. It aims to allow financial sanctions on European political parties and
foundations that do not adhere to high transparency standards, targeting and amplification.
A repository for the disclosures by European political parties should be established and
managed by the Authority on European Political Parties and Foundations (“the Authority”)
established by Article 6 of Regulation (EU, Euratom) No 1141/2014. European political
parties must ensure that, for each published political advertisement, meaningful and easily
accessible information is available in the repository for citizens, including on the amount
spent on the advertising and the origin of the funding used.
It is necessary to ensure that the Authority has sufficent resources to fully complete its
tasks, both those provided for by the existing Regulation (EU, Euratom) No 1141/2014 and
the new ones envisaged by the present recast proposal. This requires stable staffing and
strengthening of the human resources currently provided to the Authority.
1.4.3. Expected result(s) and impact
Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.
The proposal aims at closing existing loopholes in Regulation (EU, Euratom) No
1141/2014 to help European political parties and foundations fulfil their role under Article
10(4) TEU and Regulation 1141/2014, namely to contribute to forming European political
awareness.
The proposal aims at ensuring the transparent management and disclosure of political
advertising of European political parties, including obligations to publish information with
the political advertisements, as well as to retain and disclose further information to provide
accountability around the electoral period.
1.4.4. Indicators of performance
Specify the indicators for monitoring progress and achievements.
Indicator 1
The amount of European political parties and foundations that received less EU funds than
earmarked due to the inability to match the co-financing rate / year
Indicator 2
Number of cross-EU campaigns that European political parties ran in the run-up to the
elections to the European Parliament
Indicator 3
Compliance with EU standards based on feedback to the Authority for political parties
Indicator 4
Self-reporting of compliance with the applicable rules by the European political parties
EN 8 EN
1.5. Grounds for the proposal/initiative
1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for roll-out
of the implementation of the initiative
The regime outlined above should be in place well before the elections to the European
Parliament of May 2024 in order to (i) enable the European political parties to effectively
campaign and (ii) deter the improper actions described. To make this operational, and to
ensure the Authority is fully equipped to effectively manage all its task, additional human
resources should be provided as soon as practicable, and in the first instance through the
redeployment of resources carrying out these tasks prior to the creation of the Authority.
1.5.2. Added value of Union involvement (it may result from different factors, e.g. coordination
gains, legal certainty, greater effectiveness or complementarities). For the purposes of this
point 'added value of Union involvement' is the value resulting from Union intervention
which is additional to the value that would have been otherwise created by Member States
alone.
This proposal concerns the system for European political parties and European political
foundations established at European level. Pursuant to Regulation (EU, Euratom)
No 1141/2014, these are bodies with European legal personality. The Authority is also a
body with legal personality under European Union law. It is therefore only via action at
EU level that the objectives described above can be pursued.
1.5.3. Lessons learned from similar experiences in the past
The co-financing rate for European political parties has been gradually decreased from
25% (legal requirement in 2003/2004) to 10% (2018 amendment to Regulation (EU,
Euratom) No 1141/2014). European political parties, however, still face difficulties raising
the necessary own resources to match the co-financing rate.
Regulation (EU, Euratom) No 1141/2014 includes transparency obligations in relation to
financing and expenditure for electoral campaigns, published in annual financial
statements. The Authority also provides some non-binding recommendations, however
without follow-up monitoring of compliance. Further, the Recommendation accompanying
the Commission’s 2018 Elections package recommended that European political parties
take steps to provide a range of information about their advertising, including about
targeting. As a consequence, in the 2019 elections to the European Parliament, European
political parties did not deliver the level of transparency recommended in the
2018 Elections package.
1.5.4. Compatibility with the Multiannual Financial Framework and possible synergies with
other appropriate instruments
The present proposal would not imply any change to the ceiling of administrative spending
for the EU institutions provided for in the multiannual financial framework.
1.5.5. Assessment of the different available financing options, including scope for redeployment
The proposed increase in staffing for the Authority will be met by redeployment of existing
resources.
EN 9 EN
1.6. Duration and financial impact
Proposal/initiative of limited duration
Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY
Financial impact from YYYY to YYYY
X unlimited duration
Implementation with a start-up period from YYYY to YYYY,
followed by full-scale operation.
1.7. Management mode(s) planned2
X Direct management by the European Parliament through the Authority
executive agencies
Shared management with the Member States
Indirect management by entrusting budget implementation tasks to:
international organisations and their agencies (to be specified);
the EIB and the European Investment Fund;
bodies referred to in Articles 70 and 71;
public law bodies;
bodies governed by private law with a public service mission to the extent that they
provide adequate financial guarantees;
bodies governed by the private law of a Member State that are entrusted with the
implementation of a public-private partnership and that provide adequate financial
guarantees;
persons entrusted with the implementation of specific actions in the CFSP pursuant to
Title V of the TEU, and identified in the relevant basic act.
Comments
The Authority is financed from a specific budget title (Title 5) of the European Parliament. The
number and composition of the staff shall be indicated in the budgetary remarks of the specific title.
The duties of the Authorising Officer of the European Parliament are delegated to the Director of
the Authority according to point 7 of Article 6 of Regulation (EU, Euratom) No 1141/2014.
2
Details of management modes and references to Regulation (EU, Euratom) 2018/1046 may be found on the
BudgWeb site: https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx.
EN 10 EN
2. MANAGEMENT MEASURES
2.1. Monitoring and reporting rules
Specify frequency and conditions.
The Authority will continue to issue an annual activity report under Article 6 of Regulation
(EU, Euratom) No 1141/2014. The European Parliament will report on the financial
operations involved as part of the Union’s annual accounting cycle.
2.2. Management and control system(s)
2.2.1. Justification of the management mode(s), the funding implementation mechanism(s), the
payment modalities and the control strategy proposed
Given the specific set-up of the Authority (an independent body, but whose budget is part
of the budget of the European Parliament) the steps proposed are the only logical ones in
the light of the requirements set out above.
2.2.2. Information concerning the risks identified and the internal control system(s) set up to
mitigate them
The financial risks are the same as for any other part of the administrative expenditure of
the EU institutions and, in this case, would be covered by the existing internal control
system of the European Parliament.
2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio of "control costs
÷ value of the related funds managed"), and assessment of the expected levels of risk of
error (at payment & at closure)
No new internal control system is proposed and the additional burden of these changes to
the European Parliament’s internal control system are not significant.
EN 11 EN
2.3. Measures to prevent fraud and irregularities
Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy.
The European Parliament’s existing provisions for its administrative expenditure would
apply to that set out here.
3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE
3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s)
affected
Existing budget lines
In order of multiannual financial framework headings and budget lines.
Heading of
multiannual
financial
framework
Budget line
Type of
expenditure
Contribution
Number Diff./Non-
diff.
3
from
EFTA
countries
4
from
candidate
countries
5
from third
countries
within the meaning
of Article 21(2)(b)
of Regulation (EU,
Euratom) 2018/1046
7 Section I – European Parliament
Diff./Non-
diff.
NO NO NO NO
3
Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.
4
EFTA: European Free Trade Association.
5
Candidate countries and, where applicable, potential candidates from the Western Balkans.
EN 12 EN
3.2. Estimated impact on expenditure
3.2.1. Summary of estimated impact on expenditure
Heading of multiannual financial
framework
7 ‘European Publi Administration’
EUR million (to three decimal places)
Year
N
Year
N+1
Year
N+2
Year
N+3
Year
N+4
Year
N+5
Year
N+6
Year
N+7
TOTAL
European Parliament
Human Resources 0.152 0.152 0.152 0.152 0.152 0.152 0.152 0.152 1.216
Other administrative expenditure
TOTAL European Parliament Appropriations 0.152 0.152 0.152 0.152 0.152 0.152 0.152 0.152 1.216
EUR million (to three decimal places)
Year
N6
Year
N+1
Year
N+2
Year
N+3
Year
N+4
Year
N+5
Year
N+6
Year
N+7 TOTAL
TOTAL appropriations
under HEADINGS 1 to 7
of the multiannual financial framework
Commitments 0.152 0.152 0.152 0.152 0.152 0.152 0.152 0.152 1.216
Payments 0.152 0.152 0.152 0.152 0.152 0.152 0.152 0.152 1.216
6
Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for the
following years.
EN 13 EN
3.2.2. Estimated impact on [body]'s appropriations
X The proposal/initiative does not require the use of operational appropriations
The proposal/initiative requires the use of operational appropriations, as explained below:
Commitment appropriations in EUR million (to three decimal places)
Indicate
objectives and
outputs
Year
N
Year
N+1
Year
N+2
Year
N+3
Enter as many years as necessary to show the
duration of the impact (see point 1.6)
TOTAL
OUTPUTS
Type
7
Avera
ge
cost
No
Cost
No
Cost
No
Cost
No
Cost
No
Cost
No
Cost
No
Cost
Total
No
Total
cost
SPECIFIC OBJECTIVE No 1
8
…
- Output
- Output
- Output
Subtotal for specific objective No 1
SPECIFIC OBJECTIVE No 2 ...
- Output
Subtotal for specific objective No 2
TOTAL COST
7
Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).
8
As described in point 1.4.2. ‘Specific objective(s)…’
EN 14 EN
3.2.3. Estimated impact on the Authority’s human resources
The resources set our below are the same ones as set out in section 3.2.1 above; they
are repeated here for the sake of clarity that all the resources concerned are for the
Authority.
3.2.3.1. Summary
The proposal/initiative does not require the use of appropriations of an
administrative nature
X The proposal/initiative requires the use of appropriations of an administrative
nature, as explained below:
EUR million (to three decimal places)
Year
N 9
Year
N+1
Year
N+2
Year
N+3
Year
N+4
Year
N+5
Year
N+6
Year
N+7
TOTAL
Officials/Temporary
Agents (AD Grades)
0.152 0.152 0.152 0.152 0.152 0.152 0.152 0.152 1.216
Officials/Temporary
agents (AST grades)
0 0 0 0 0 0 0 0 0
Contract staff
Seconded National
Experts
TOTAL 0.152 0.152 0.152 0.152 0.152 0.152 0.152 0.152 1.216
The administrative appropriations required will be met by the appropriations which are already
assigned to management of the action and/or have been redeployed within the Institution, together if
necessary with any additional allocation which may be granted to the managing Institution under the
annual budget procedure and in the light of budgetary constraints.
Staff requirements (FTE):
Year
N 10
Year
N+1
Year
N+2
Year
N+3
Year
N+4
Year
N+5
Year
N+6
Year
N+7 TOTAL
Officials/Temporary
Agents (AD Grades)
1 1 1 1 1 1 1 1 1
Officials/Temporary
agents (AST grades)
0 0 0 0 0 0 0
0
0
Contract staff
Seconded National
Experts
9
Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the
expected first year of implementation (for instance: 2021). The same for the following years.
10
Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the
expected first year of implementation (for instance: 2021). The same for the following years.
EN 15 EN
TOTAL 1 1 1 1 1 1 1 1 1
The human resources required will be met by staff from the Institutions who
are already assigned to management of the action and/or have been redeployed
within the Institution, together if necessary with any additional allocation which
may be granted to the managing Institution under the annual budget procedure
and in the light of budgetary constraints.
3.2.4. Compatibility with the current multiannual financial framework
X The proposal/initiative is compatible the current multiannual financial
framework.
The proposal/initiative will entail reprogramming of the relevant heading in the
multiannual financial framework.
Explain what reprogramming is required, specifying the budget lines concerned and the corresponding
amounts.
[…]
The proposal/initiative requires application of the flexibility instrument or
revision of the multiannual financial framework11
.
Explain what is required, specifying the headings and budget lines concerned and the
corresponding amounts.
[…]
3.2.5. Third-party contributions
The proposal/initiative does not provide for co-financing by third parties.
11
See Articles 11 and 17 of Council Regulation (EU, Euratom) No 1311/2013 laying down the
multiannual financial framework for the years 2014-2020.
EN 16 EN
3.3. Estimated impact on revenue
X The proposal/initiative has no financial impact on revenue.
The proposal/initiative has the following financial impact:
on own resources
on other revenue
please indicate, if the revenue is assigned to expenditure lines
EUR million (to three decimal places)
Budget revenue line:
Appropriation
s available for
the current
financial year
Impact of the proposal/initiative
12
Year
N
Year
N+1
Year
N+2
Year
N+3
Enter as many years as necessary to show
the duration of the impact (see point 1.6)
Article ………….
For miscellaneous ‘assigned’ revenue, specify the budget expenditure line(s) affected.
[…]
Specify the method for calculating the impact on revenue.
[…]
_____________
12
As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net
amounts, i.e. gross amounts after deduction of 20 % for collection costs.
1_DA_ACT_part1_v2.pdf
https://www.ft.dk/samling/20211/kommissionsforslag/kom(2021)0734/forslag/1832168/2513851.pdf
1_DA_annexe_proposition_part1_v2.pdf
https://www.ft.dk/samling/20211/kommissionsforslag/kom(2021)0734/forslag/1832168/2513853.pdf