Amended proposal for a Council Regulation on the statute and financing of European political parties (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2001-06-21
Institutions: European Commission
Subjects: administrative expenditure, budgetary control, financing, implementation of the budget, legal status, political parties

25.9.2001

EN

Official Journal of the European Communities

C 270 E/103

Amended proposal for a Council Regulation on the statute and financing of European political
parties (1)

(2001/C 270 E/15)

COM(2001) 343 final (cid:151) 2001/0011(CNS)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 21 June 2001)

(1) OJ C 154 E, 29.5.2001, p. 283.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE COUNCIL OF THE EUROPEAN UNION,

Unchanged

Having regard to the Treaty establishing the European
Community, and in particular Article 308 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1) Article 191 of

the Treaty acknowledges that political
parties at European level are important as a factor for
integration within the European Union and that
they
contribute to forming a European awareness and to
expressing the political will of the citizens.

(1) Article 191 of the Treaty and Article 12(2) of the Charter
of Fundamental Rights acknowledge that political parties
at European level are important as a factor for integration
within the European Union and that they contribute to
forming a European awareness and to expressing the
political will of the citizens.

(2) It

is necessary to make provision for a statute for
European political parties and to ensure that
they
respect fundamental rights and principles of democracy
and the state based on the rule of
in accordance
with the Treaty, and that they have their own managing
bodies.

law,

(2) It is necessary to make provision for a statute and a
the Union for
programme accessible to all citizens of
European political parties and to ensure that
they
respect fundamental rights and principles of democracy
in accordance
and the state based on the rule of
with the Treaty and the Charter of Fundamental Rights,
and that they have their own managing bodies.

law,

(3) Once they have been recognised, European political

parties must have legal personality.

(3) Provision should be made for the financing of European
political parties so as to cover part of their operating costs
and the cost of promoting democracy in the countries
applying for accession.

(4) Provision should be made for the financing of European
political parties so as to cover part of their operating costs
and the cost of promoting democracy in the countries
applying for accession.

(4) The conditions laid down by this Regulation should be
applied on the same basis to all European political parties,
but account should be taken of their actual representa-
tiveness in the European Parliament.

(5) The conditions laid down by this Regulation should be
applied on the same basis to all European political parties,
but account should be taken of their actual representa-
tiveness in the European Parliament.

C 270 E/104

EN

Official Journal of the European Communities

25.9.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

(5) In accordance with the principle of subsidiarity, financing
should be given solely to parties that are sufficiently
representative at European level so as to avoid financing
purely national parties, or parties to which financing has
been refused at national level on the grounds that they do
not respect democratic principles. This financing should
not replace autonomous financing of the parties.

(6) In accordance with the principle of subsidiarity, financing
should be given solely to parties that are sufficiently
representative at European level so as to avoid financing
purely national parties, or parties to which financing has
been refused at national level on the grounds that they do
not respect democratic principles. This financing should
not replace autonomous financing of the parties.

(7) Donations and other financial contributions to European

political parties must take place transparently.

(8) In accordance with the declaration by the Nice European
Council on Article 191 of the Treaty, the funding for
political parties provided out of
the
European Communities may not be used to fund, either
directly or indirectly, political parties at national level.

the budget of

(9) The nature of the expenditure that can be financed under
this Regulation, in keeping with Article 191 of the Treaty
and the objectives of
the approved statute, should be
defined.

(6) The nature of the expenditure that can be financed under

this Regulation should be defined.

(7) The appropriations allocated to financing parties should

be determined in the annual budgetary procedure.

(10) The appropriations allocated to financing parties should
be determined in the annual budgetary procedure.

(8) Implementation of

the measures provided for by this
Regulation contributes
the
to the
objectives of the Union. The Treaty does not provide,
for the adoption of this Regulation, powers other than
those under Article 308.

achievement of

(11)

the measures provided for by this
Implementation of
the
Regulation contributes
objectives of
the Union under democratic conditions.
The Treaty does not provide, for the adoption of this
Regulation, powers other than those under Article 308.

achievement of

to the

(9) This Regulation should expire at the end of the second

(12) This Regulation should expire at the end of the second

financial year following its entry into force,

financial year following its entry into force,

HAS ADOPTED THIS REGULATION:

Unchanged

Article 1

Statute

Any European political party or union of such parties may
register a statute of a European political party (hereinafter
referred to as (cid:145)statute(cid:146)) subject to the following conditions:

Any European political party or long-term European union of
such parties may register a statute of a European political party
(hereinafter referred to as (cid:145)statute(cid:146)) subject to the following
conditions:

(a) it must be established in the European Union;

Unchanged

(b) it must have established itself as a political group in the
European Parliament, or intend to establish one or to
participate in an existing group;

25.9.2001

EN

Official Journal of the European Communities

C 270 E/105

INITIAL PROPOSAL

AMENDED PROPOSAL

(c) its programme and its activities must respect the funda-
mental principles of democracy, respect for fundamental
rights and the state based on the rule of law, established
by the Treaty on European Union.

The statute shall define in particular the bodies responsible for
the party’s political and financial management.

Citizens of the Union and all natural or legal persons residing
or having their registered office in a Member State shall have
the right of access to the statutes deposited with the European
Parliament.

The intention to form a political grouping or participate in an
existing grouping must be expressed by a formal declaration
deposited with the European Parliament.

Article 2

Legal person

European political parties
In
particular, they may purchase and dispose of movable and
immovable assets and bring legal actions.

shall have legal personality.

Article 2

Article 3

Independent review by eminent persons

Review of the conditions

The European Parliament
shall decide on any dispute
concerning compliance with the conditions referred to in
Article 1 in accordance with the opinion of an (cid:145)independent
committee of eminent persons(cid:146) appointed every five years by
agreement between the European Parliament, the Council and
the Commission.

The Bureau of the European Parliament shall decide on any
dispute concerning compliance with the conditions referred to
in Article 1.

Article 3

Financing

Article 4

Unchanged

the
Financing may be charged to the general budget of
European Communities for European political parties that
have registered a statute and satisfy one of
the following
conditions:

(a) the party or its national components are represented by
the
least

elected members
in the European Parliament or
national Parliaments or regional Parliaments in at
five Member States; or

C 270 E/106

EN

Official Journal of the European Communities

25.9.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

(b) the party or its national components received at least five
per cent of the votes at the most recent European elections
in at least five Member States.

Parties satisfying those conditions shall publish their budgets
and their accounts annually.

Parties satisfying those conditions shall publish their budgets
and their accounts annually and declare their sources of finance
by providing a list specifying the donors and the donations
given by each donor. Anonymous donations cannot be
accepted under any circumstance.

Article 4

Article 5

Nature of expenditure

Unchanged

Financing granted under this Regulation may only be
is intended to achieve an
the European political

1.
used to meet expenditure,
objective set out
party concerned.

in the statute of

that

Financing granted under this Regulation may only be
1.
incurred in connection with
used to meet
European political work as defined in Article 191 of
the
Treaty, directly linked to the objectives set out in the statute.

expenditure,

Expenditure may include, among other things, administrative
expenditure,
logistical support, meetings, studies, information
and publications directly linked to the objectives set out in the
statute.

Unchanged

The

valuation

2.
depreciation shall be
Commission Regulation (EC) No 2909/2000 (1).

buildings,
carried out

of

inventory
their
in accordance with

and

The European Parliament may make available, against
technical support, rooms and interpreters. Detailed
the European

3.
invoice,
rules shall be drawn up by the Bureau of
Parliament on the basis of the principle of equal treatment.

4. Where European political parties engage in joint activities
with national parties and other organisations, evidence of the
financial outlay incurred by the European political parties must
be made available to the European Court of Auditors.

Article 5

Article 6

Implementation and control

Unchanged

Appropriations for financing parties shall be determined in
accordance with the budgetary procedure and shall be imple-
mented in accordance with the financial regulation applicable
to the general budget of the European Communities.

___________
(1) OJ L 336, 30.12.2000, p. 75.

25.9.2001

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Official Journal of the European Communities

C 270 E/107

INITIAL PROPOSAL

AMENDED PROPOSAL

Control of financing granted under this Regulation shall be
excercised in accordance with the financial regulation and its
implementing rules.

Control shall also be exercised on the basis of an annual certifi-
cation by an external and independent audit. This certification
shall be transmitted to the European Parliament and the Court
of Auditors.

Control shall also be exercised on the basis of an annual certifi-
cation by an external and independent audit. This certification
shall be transmitted, within six months after the end of the
financial year concerned, to the European Parliament and the
Court of Auditors.

The services concerned may carry out any on-the-spot checks
they may consider necessary to verify that the financing has
been used in a lawful and regular manner. In carrying out their
supporting and accounting
all
tasks,
documents and any other documents they consider relevant
and may request any information they consider necessary to
carry out their checks.

they may inspect

For monitoring purposes, suitably qualified officials of
the
competent services may carry out any on-the-spot checks
they may consider necessary to verify that the financing has
been used in a lawful and regular manner. In carrying out their
tasks,
supporting and accounting
all
documents and any other documents they consider relevant
and may request any information they consider necessary to
carry out their checks.

they may inspect

The parties’ financial rules and internal audit procedures shall
conform to guidelines to be issued following consultation of
the European Court of Auditors.

Monies wrongly received must be refunded.

Any document or
information required by the Court of
Auditors in order to carry out its task shall be supplied to it
at
receiving payments
charged to the budget.

its request by the political parties

Unchanged

Article 6

Article 7

Distribution

Unchanged

In application of Articles 1 and 3, financing shall be distributed
annually as follows:

In application of Articles 1, 2 and 4,
distributed annually as follows:

financing shall be

(a) 15 % of the annual amount shall be distributed in equal
shares among the parties that satisfy the conditions and
make a duly substantiated request;

Unchanged

(b) 85 % shall be distributed among European parties which
have elected members in the European Parliament,
in
proportion to the number of elected members.

C 270 E/108

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Official Journal of the European Communities

25.9.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

Financing charged to the general budget of
the European
Communities, including that provided for in this Regulation,
may not be given to a European political party unless it can
prove that it receives at least 25 % of its budget from sources
other than the general budget of the European Communities.

Article 7

Report

Article 8

Unchanged

The Commission will report to the European Parliament and to
the Council within eighteen months of the entry into force of
this Regulation.

Article 8

Article 9

Entry into force and expiry

Unchanged

This Regulation shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

It shall expire at the end of the second financial year following
its entry into force.

This Regulation shall be binding in its entirety and directly
applicable in all Member States.