EN Official Journal of the European Union C 88/8

Decision of the Authority for European Political Parties and European Political Foundations

of 29 September 2017

to register Fondation pour une Europe des nations et des libertés

(Only the English text is authentic)

(2018/C 88/04)

THE AUTHORITY FOR EUROPEAN POLITICAL PARTIES AND EUROPEAN POLITICAL FOUNDATIONS,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 (1), in particular Article 9 thereof,

Having regard to the application received from Fondation pour une Europe des nations et des libertés,

Whereas:

(1) On 4 September 2017, the Authority received a submission from Mouvement pour une Europe des nations et des libertés (‘MENL’) on behalf of Fondation pour une Europe des nations et des libertés (‘FENL’) to register this latter as a European political foundation (the ‘submission’).

(2) At that point in time, MENL did not yet constitute a European political party under the terms of Regulation (EU, Euratom) No 1141/2014, as it was not yet registered in accordance with the conditions and procedures laid down in that Regulation.

(3) On 8 September 2017, the Authority sent MENL and FENL a preliminary assessment under Article 34 of Regulation (EU, Euratom) No 1141/2014 (the ‘first preliminary assessment’), referring to Article 8(1) of that Regulation pursuant to which a foundation could only apply through the European political party with which that foundation was formally affiliated.

(4) In the first preliminary assessment, the Authority took the preliminary view that, without prejudice to the question of whether the submission was to be regarded as an application under Regulation (EU, Euratom) No 1141/2014, the submission was inadmissible or, in the alternative, did not meet at least one of the conditions laid down in Article 3(2) of that Regulation.

(5) On 18 September 2017, the Authority notified MENL of its decision of 14 September 2017 to register it as a European political party under Regulation (EU, Euratom) No 1141/2014 and, on the same day, the Authority also received an application from FENL (the ‘applicant’) to be registered as a European political foundation (the ‘application’).

(6) On 20 September 2017, in the context of a phone call the Authority informed the applicant that it considered that the application had superseded the submission of 4 September 2017.

(7) On 25 September 2017, the Authority sent the applicant a preliminary assessment under Article 34 of Regulation (EU, Euratom) No 1141/2014 (the ‘second preliminary assessment’), referring to Article 3(3) of that Regulation pursuant to which each European political party and its affiliated European political foundation had to ensure a separation between their respective day-to-day management, governing structures and financial accounts.

(8) In the second preliminary assessment, the Authority took the preliminary view that the application did not meet at least one of the conditions laid down in Article 3(3) of Regulation (EU, Euratom) No 1141/2014 because seven of the eight members of the applicant’s board were at the same time members of MENL’s board.

(9) On 27 September 2017, the applicant publicly announced that it was in the process of reshuffling the composition of its board to reduce the overlap with MENL’s board with a view to complying with Article 3(3) of Regulation (EU, Euratom) No 1141/2014 by 19 October 2017 at the latest.

(10) On 28 September 2017, the applicant filed a submission referring to its public announcement and providing further details on the ongoing process of reshuffling the composition of its board to reduce the overlap with MENL’s board with a view to complying with Article 3(3) of Regulation (EU, Euratom) No 1141/2014.

(11) The Authority considers that the public announcement made by the applicant, addressed to the general public, and the actions already taken to implement that announcement, constitute factual elements that must be taken into account in this case, along with all the other elements in the file.

(12) Should the applicant fail to implement its public announcement, the Authority will be entitled to revoke this decision of registration, as this latter would be based upon incorrect or misleading information.

(13) The applicant also submitted documents proving that it satisfies the other conditions laid down in Article 3 of Regulation (EU, Euratom) No 1141/2014, the declaration in the form set out in the Annex to that Regulation, and the statutes of the applicant, containing the provisions required by Article 5 of that Regulation.

(14) The applicant submitted additional documents in accordance with Articles 1 and 2 of Commission Delegated Regulation (EU, Euratom) 2015/2401 (2).

(15) Pursuant to Article 9 of Regulation (EU, Euratom) No 1141/2014, the Authority has examined the application and supporting documentation submitted, and considers that it is not established that the applicant does not satisfy the conditions for registration laid down in Article 3 of that Regulation or that the statutes do not contain the provisions required by Article 5 of that Regulation,

HAS ADOPTED THIS DECISION:

Article 1

Fondation pour une Europe des nations et des libertés is hereby registered as a European political foundation.

It shall acquire European legal personality on the date of the publication of this Decision in the Official Journal of the European Union.

Article 2

This Decision shall take effect on the day of its notification.

Article 3

This Decision is addressed to

Fondation pour une Europe des nations et des libertés 75, Boulevard Haussmann 75008 Paris FRANCE

Done at Brussels, 29 September 2017. For the Authority for European Political Parties and European Political Foundations The Director M. ADAM

(1) OJ L 317, 4.11.2014, p. 1.

(2) Commission Delegated Regulation (EU, Euratom) 2015/2401 of 2 October 2015 on the content and functioning of the Register of European political parties and foundations (OJ L 333, 19.12.2015, p. 50).