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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

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

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:

  1. 'political party' means an association of citizens:

    • which pursues political objectives, and

    • which is either recognised by, or established in accordance with, the legal order of at least one Member State;

  2. 'political alliance' means structured cooperation between political parties and/or citizens;

  3. 'European political party' means a political alliance which pursues political objectives and is registered with the Authority for European political parties and foundations established in Article 6, 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 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:

    1. observing, analysing and contributing to the debate on European public policy issues and on the process of European integration;

    2. 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;

    3. developing cooperation in order to promote democracy, including in third countries;

    4. 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 VI of Part One or a contribution awarded in accordance with Title VIII of Part Two of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council(1) ('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;

  9. 'annual budget' for the purposes of Articles 20 and 27 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;

  10. '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;

  11. 'seat' means the location where the European political party or the European political foundation has its central administration;

  12. 'concurrent infringements' means two or more infringements committed as part of the same unlawful act;

  13. 'repeated infringement' means an infringement committed within five years of a sanction having been imposed on its perpetrator for the same type of infringement.

CHAPTER II STATUTE FOR EUROPEAN POLITICAL PARTIES AND EUROPEAN POLITICAL FOUNDATIONS

Article 3 Conditions for registration

1.

A political alliance shall be entitled to apply to register as a European political party subject to the following conditions:

  1. it must have its seat in a Member State as indicated in its statutes;

  2. its member parties must be 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

    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;

  3. its member parties are not members of another European political party;

  4. it must observe, 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;

  5. 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

  6. it must not pursue profit goals.

2.

An applicant shall be entitled to apply to register as a European political foundation subject to the following conditions:

  1. it must be affiliated with a European political party registered in accordance with the conditions and procedures laid down in this Regulation;

  2. it must have its seat in a Member State as indicated in its statutes;

  3. it must observe, 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;

  4. its objectives must complement the objectives of the European political party with which it is formally affiliated;

  5. its governing body must be composed of members from at least one quarter of the Member States; and

  6. it must not pursue profit goals.

3.

A European political party can 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

Article 5 Governance of European political foundations

Article 6 Authority for European political parties and European political foundations

Article 7 Register of European political parties and foundations

Article 8 Application for registration

Article 9 Examination of the application and decision of the Authority

Article 10 Verification of compliance with registration conditions and requirements

Article 11 Committee of independent eminent persons

CHAPTER III LEGAL STATUS OF EUROPEAN POLITICAL PARTIES AND EUROPEAN POLITICAL FOUNDATIONS

Article 12 Legal personality

Article 13 Legal recognition and capacity

Article 14 Applicable law

Article 15 Acquisition of European legal personality

Article 16 Termination of European legal personality

CHAPTER IV FUNDING PROVISIONS

Article 17 Funding conditions

Article 18 Application for funding

Article 19 Award criteria and distribution of funding

Article 20 Donations and contributions

Article 21 Financing of campaigns in the context of elections to the European Parliament

Article 22 Prohibition of funding

CHAPTER V CONTROL AND SANCTIONS

Article 23 Accounts, reporting and audit obligations

Article 24 General rules on control

Article 25 Implementation and control in respect of Union funding

Article 26 Technical support

Article 27 Sanctions

Article 27a Responsibility of natural persons

Article 28 Cooperation between the Authority, the Authorising Officer of the European Parliament and the Member States

Article 29 Corrective measures and principles of good administration

Article 30 Recovery

CHAPTER VI FINAL PROVISIONS

Article 31 Provision of information to citizens

Article 32 Transparency

Article 33 Protection of personal data

Article 34 Right to be heard

Article 35 Right of appeal

Article 36 Exercise of the delegation

Article 37 Committee procedure

Article 38 Evaluation

Article 39 Effective application

Article 40 Repeal

Article 40a Transitional provision

Article 41 Entry into force and application

ANNEX