Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2023/0314(COD)**

**INFORMATION NOTE**

**Brussels, 2 July 2024**
**(OR. en)**

**10615/24**

**CODEC 1415**
**COMPET 609**
**MI 563**
**SOC 417**
**ECOFIN 627**
**DRS 51**
**FREMP 280**
**JAI 928**
**MDC 6**
**ENT 107**
**ENV 577**
**DIGIT 146**
**PE 152**

From: General Secretariat of the Council

To: Permanent Representatives Committee/Council

Subject: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND
OF THE COUNCIL amending Regulations (EU) No 1024/2012 and (EU)
2018/1724 as regards the use of the Internal Market Information System
and the Single Digital Gateway for the purposes of certain requirements
laid down by Directive (EU) .../... of the European Parliament and of the
Council on European cross-border associations

          - Outcome of the European Parliament's first reading
(Strasbourg, 11 to 14 March 2024)

**I.** **INTRODUCTION**

The rapporteur, Anne-Sophie PELLETIER (The Left, FR), presented a report on the above proposal

for a Regulation on behalf of the Committee on the Internal Market and Consumer Protection

(IMCO) which contained five amendments (amendments 1 to 5) to the proposal. No other

amendment was tabled.

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**II.** **VOTE**

When it voted on 13 March 2024, the plenary of the European Parliament adopted amendments 1 to

5 to the proposal for a Regulation.

The Commission's proposal as thus amended constitutes the Parliament's first-reading position

which is contained in its legislative resolution as set out in the Annex hereto.

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**ANNEX**

**(13.3.2024)**

## **P9_TA(2024)0142** **Use of the Internal Market Information System and the Single Digital Gateway** **for the purposes of certain requirements laid down by the Directive on** **European cross-border associations**

**European Parliament legislative resolution of 13 March 2024 on the proposal for a regulation**
**of the European Parliament and of the Council amending Regulations (EU) No 1024/2012 and**
**(EU) 2018/1724 as regards the use of the Internal Market Information System and the Single**
**Digital Gateway for the purposes of certain requirements laid down by Directive (EU) .../... of**
**the European Parliament and of the Council on European cross-border associations**
**(COM(2023)516)) (COM(2023)0515 – C9-0327/2023 – 2023/0314(COD))**

**(Ordinary legislative procedure: first reading)**

_The European Parliament_,

–
having regard to the Commission proposal to Parliament and the Council (COM(2023)0515),

–
having regard to Article 294(2) and Articles 21(2) and 114 of the Treaty on the Functioning of
the European Union, pursuant to which the Commission submitted the proposal to Parliament
(C9-0327/2023),

–
having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–- having regard to the opinion of the European Economic and Social Committee of 17 January
2024 **[1]**,

–
having regard to Rule 59 of its Rules of Procedure,

–
having regard to the opinion of the Committee on Legal Affairs,

–
having regard to the report of the Committee on the Internal Market and Consumer Protection
(A9-0006/2024),

**1** Not yet published in the Official Journal.

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1. Adopts its position at first reading hereinafter set out;

2 Calls on the Commission to refer the matter to Parliament again if it replaces, substantially
amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national
parliaments.

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**Amendment 1**

**Proposal for a regulation**
**Recital 2**

_Text proposed by the Commission_ _Amendment_
(2) Pursuant to Article _**30(2)**_ of Directive (2) Pursuant to Article
COM(2023)516, the administrative
cooperation and the exchange of cooperation and the exchange of
information between the competent
authorities of the Member States is to be
implemented through the Internal Market
Information System ( _**‘**_ IMI system _**’**_ ) Information System ( _**‘**_
established by Regulation (EU) No
1024/2012 of the European Parliament and
of the Council [5] . For that reason, the of the Council [5]
necessary administrative cooperation
procedures should be established in the procedures
IMI system.

(2) Pursuant to Article _**30(2)**_ of Directive (2) Pursuant to Article _**28(2)**_ of Directive
COM(2023)516, the administrative COM(2023)516, the administrative
cooperation and the exchange of cooperation and the exchange of
information between the competent information between the competent
authorities of the Member States is to be authorities of the Member States is to be
implemented through the Internal Market implemented through the Internal Market
Information System ( _**‘**_ IMI system _**’**_ ) Information System ( _**‘**_ IMI system _**’**_ )
established by Regulation (EU) No established by Regulation (EU) No
1024/2012 of the European Parliament and 1024/2012 of the European Parliament and
of the Council [5] . For that reason, the of the Council [5] . For that reason, the
necessary administrative cooperation necessary administrative cooperation
procedures should be established in the procedures _**and the procedures for the**_
IMI system. _**exchange of information between the**_

_**competent authorities**_ should be
established in the IMI system.

__________________ __________________
5 Regulation (EU) No 1024/2012 of the 5 Regulation (EU) No 1024/2012 of the
European Parliament and of the Council of European Parliament and of the Council of
25 October 2012 on administrative 25 October 2012 on administrative
cooperation through the Internal Market cooperation through the Internal Market
Information System and repealing Information System and repealing
Commission Decision 2008/49/EC (‘the Commission Decision 2008/49/EC (‘the
IMI Regulation’) (OJ L 316, 14.11.2012, p. IMI Regulation’) (OJ L 316, 14.11.2012, p.
1). 1).

5 Regulation (EU) No 1024/2012 of the
European Parliament and of the Council of
25 October 2012 on administrative
cooperation through the Internal Market
Information System and repealing
Commission Decision 2008/49/EC (‘the
IMI Regulation’) (OJ L 316, 14.11.2012, p.
1).

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**Amendment 2**

**Proposal for a regulation**
**Recital 3**

_Text proposed by the Commission_ _Amendment_
(3) In accordance with Articles 2 and 3 (3)
of Regulation (EU) 2018/1724 of the
European Parliament and of the Council [6],
the single digital gateway _**shall give**_ access the single digital gateway
to information, procedures as well as
assistance and problem-solving services to
citizens of the Union, natural persons
residing in a Member State and legal
persons having their registered office in a
Member State. The operative part and
Annex I of Regulation (EU) 2018/1724
should be amended to ensure that the scope should be amended
is not understood as limited to citizens and
businesses and concerns legal persons
other than businesses, such as ECBAs.

(3) In accordance with Articles 2 and 3 (3) In accordance with Articles 2 and 3
of Regulation (EU) 2018/1724 of the of Regulation (EU) 2018/1724 of the
European Parliament and of the Council [6], European Parliament and of the Council [6],
the single digital gateway _**shall give**_ access the single digital gateway _**provides**_ access
to information, procedures as well as to information, procedures as well as
assistance and problem-solving services to assistance and problem-solving services to
citizens of the Union, natural persons citizens of the Union, natural persons
residing in a Member State and legal residing in a Member State and legal
persons having their registered office in a persons having their registered office in a
Member State. The operative part and Member State. The operative part and
Annex I of Regulation (EU) 2018/1724 Annex I of Regulation (EU) 2018/1724
should be amended to ensure that the scope should be amended _**by this Regulation**_ to
is not understood as limited to citizens and ensure that the scope is not understood as
businesses and concerns legal persons limited to citizens and businesses and
other than businesses, such as ECBAs. concerns legal persons other than

businesses, such as ECBAs.

__________________ __________________
6 Regulation (EU) 2018/1724 of the 6 Regulation (EU) 2018/1724 of the
European Parliament and of the Council of European Parliament and of the Council of
2 October 2018 establishing a single digital 2 October 2018 establishing a single digital
gateway to provide access to information, gateway to provide access to information,
to procedures and to assistance and to procedures and to assistance and
problem-solving services and amending problem-solving services and amending
Regulation (EU) No 1024/2012 (OJ L 295, Regulation (EU) No 1024/2012 (OJ L 295,
21.11.2018, p. 1). 21.11.2018, p. 1).

6 Regulation (EU) 2018/1724 of the 6 Regulation (EU) 2018/1724 of the
European Parliament and of the Council of European Parliament and of the Council of
2 October 2018 establishing a single digital 2 October 2018 establishing a single digital
gateway to provide access to information, gateway to provide access to information,
to procedures and to assistance and to procedures and to assistance and
problem-solving services and amending problem-solving services and amending
Regulation (EU) No 1024/2012 (OJ L 295, Regulation (EU) No 1024/2012 (OJ L 295,
21.11.2018, p. 1). 21.11.2018, p. 1).

**Amendment 3**

**Proposal for a regulation**
**Recital 5 a (new)**

_Text proposed by the Commission_ _Amendment_
_**(5a) The European Data Protection**_
_**Supervisor was consulted in accordance**_
_**with Article 42(1) of Regulation (EU)**_
_**2018/1725 and delivered an opinion on 31**_
_**October 2023,**_

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**Amendment 4**

**Proposal for a regulation**
**Article 2 – paragraph 1 – point 5 – point a a (new)**
Regulation (EU) 2018/1724
Annex I

|Present text|Col2|
|---|---|
|‘Areas ofinformation related to businesses:||
|Area|INFORMATION REGARDING RIGHTS,<br>OBLIGATIONS AND RULES|
|J. Starting, running and closing a business<br>|1. registering, changing the legal form of or<br>closing a business (registration procedures<br>and legal forms for carrying out business)<br>2.**_moving_** a business to another Member<br>State<br>3. intellectual property rights (applying for<br>a patent, registering a trademark, a drawing<br>or a design, getting a licence for<br>reproduction)<br>4. fairness and transparency in commercial<br>practices, including consumer rights and<br>guarantees related to selling goods and<br>services<br>5. offering online facilities for cross-border<br>payments when selling goods and services<br>online<br>6. rights and obligations arising under<br>contract law, including late payment<br>interests<br>7. insolvency proceedings and liquidation<br>of companies<br>8. credit insurance<br>9. mergers of companies or selling a<br>business<br>10. civil liability of directors of a company<br>11. rules and obligations regarding the<br>processing of personal data’|

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|Amendment|Col2|
|---|---|
|**_(aa) the following areas of information are replaced:_**|**_(aa) the following areas of information are replaced:_**|
|‘Areas of information related to businesses:||
|Area|INFORMATION REGARDING RIGHTS,<br>OBLIGATIONS AND RULES|
|J. Starting, running and closing a business|1. registering, changing the legal form of or<br>closing a business (registration procedures<br>and legal forms for carrying out business)<br>2.**_transferring of the registered office of_** a<br>business to another Member State<br>**_2a. obligations to creditors and workers'_**<br>**_rights in connection with the transfer of_**<br>**_the registered office of a business to_**<br>**_another Member State_**<br>3. intellectual property rights (applying for<br>a patent, registering a trademark, a drawing<br>or a design, getting a licence for<br>reproduction)<br>. fairness and transparency in commercial<br>practices, including consumer rights and<br>guarantees related to selling goods and<br>services<br>5. offering online facilities for cross-border<br>payments when selling goods and services<br>online<br>6. rights and obligations arising under<br>contract law, including late payment<br>interests<br>7. insolvency proceedings and liquidation<br>of companies<br>8. credit insurance<br>9. mergers of companies or selling a<br>business<br>10. civil liability**_of board members or_** <br>directors of a company<br>11. rules and obligations regarding the<br>processing of personal data’|

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**Amendment 5**

**Proposal for a regulation**
**Article 2 – paragraph 1 – point 5 – point b**
Regulation (EU) 2018/1724
Annex I

_Text proposed by the Commission_

|(b) the following areas of information are added:|Col2|
|---|---|
|‘Areas of information related to legal persons other than businesses having their registered<br>office in a Member State:|‘Areas of information related to legal persons other than businesses having their registered<br>office in a Member State:|
|_AA. Starting, running and closing a legal_<br>_person other than a business_|1. registering, changing the legal form of or<br>closing a legal person other than a business<br>(registration procedures and legal forms)<br> <br>2.**_moving_** a legal person other than a<br>business to another Member State<br> <br>3. intellectual property rights (applying for<br>a patent, registering a trademark, a drawing<br>or a design, getting a licence for<br>reproduction)<br> <br>4. fairness and transparency in commercial<br>practices, including consumer rights and<br>guarantees related to selling goods and<br>services<br> <br>5. offering online facilities for cross-border<br>payments when selling goods and services<br>online<br> <br>6. rights and obligations arising under<br>contract law, including late payment<br>interests<br> <br>7. insolvency proceedings and liquidation<br>of legal persons other than businesses<br> <br>8. credit insurance<br> <br>9. mergers of, or selling of a legal person<br>other than a business<br> <br>10. civil liability of directors of a legal<br>person other than a business<br> <br>11. rules and obligations regarding the<br>processing of personal data|

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|Amendment|Col2|
|---|---|
|(b)<br>the following areas of information are added:|(b)<br>the following areas of information are added:|
|‘Areas of information related to legalpersons other than businesses having their registered<br>office in a Member State:|‘Areas of information related to legalpersons other than businesses having their registered<br>office in a Member State:|
|_AA. Starting, running and closing a legal_<br>_person other than a business_|1. registering, changing the legal form of or<br>closing a legal person other than a business<br>(registration procedures and legal forms)<br>2.**_transferring the registered office of_** a<br>legal person other than a business to<br>another Member State<br>**_2a. obligations to creditors and workers'_**<br>**_rights in connection with the transfer of_**<br>**_the registered office of a legal person_**<br>**_other than a business to another Member_**<br>**_State_**<br>3. intellectual property rights (applying for<br>a patent, registering a trademark, a drawing<br>or a design, getting a licence for<br>reproduction)<br>4. fairness and transparency in commercial<br>practices, including consumer rights and<br>guarantees related to selling goods and<br>services<br>5. offering online facilities for cross-border<br>payments when selling goods and services<br>online<br>6. rights and obligations arising under<br>contract law, including late payment<br>interests<br>7. insolvency proceedings and liquidation<br>of legal persons other than businesses<br>8. credit insurance<br>9. mergers of, or selling of a legal person<br>other than a business<br>10. civil liability of**_board members or_** <br>directors of a legal person other than a<br>business<br>11. rules and obligations regarding the<br>processing of personal data|

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