Considerations on COM(2023)515 - Amendment of 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))

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dossier COM(2023)515 - Amendment of Regulations (EU) No 1024/2012 and (EU) 2018/1724 as regards the use of the Internal Market Information System ...
document COM(2023)515
date September  5, 2023
 
(1) Directive (EU) of the European Parliament and of the Council on European cross-border associations (COM(2023)516)4 lays down measures coordinating the conditions for establishing and operating “European cross-border associations” (ECBAs), with the aim of facilitating the effective exercise of freedom of movement of non-profit associations operating in the internal market.

(2) Pursuant to Article 30(2) of Directive COM(2023)516, the administrative 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’) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council5. For that reason, the necessary administrative cooperation procedures should be established in the IMI system.

(3) In accordance with Articles 2 and 3 of Regulation (EU) 2018/1724 of the European Parliament and of the Council6, the single digital gateway shall give access 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 is not understood as limited to citizens and businesses and concerns legal persons other than businesses, such as ECBAs.

(4) Regulation (EU) 2018/1724 of the European Parliament and the Council7, which established the single digital gateway, provides for general rules for the online provision of information, procedures and assistance services relevant for the functioning of the internal market. The procedures covered by this Regulation should comply with the requirements of Regulation (EU) 2018/1724 so as to ensure that any ECBA can benefit from fully online procedures and the cross-border automated exchange of evidence, in accordance with the once-only principle. These procedures encompass the application for registration of an ECBA and the procedure of transfer of registered office of an ECBA.

(5) Regulations (EU) No 1024/2012 and (EU) 2018/1724 should therefore be amended accordingly.