Considerations on COM(2021)734 - Statute and funding of European political parties and European political foundations (recast) - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2021)734 - Statute and funding of European political parties and European political foundations (recast). |
|---|---|
| document | COM(2021)734  |
| date | November 25, 2021 |
(1) Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council 24 has been substantially amended several times 25 . Since further amendments are to be made, that Regulation should be recast in the interests of clarity.
1141/2014 recital 1
(2) Article 10(4) of the Treaty on European Union (TEU) and Article 12(2) of the Charter of Fundamental Rights of the European Union (the Charter) state that political parties at European level contribute to forming European political awareness and to expressing the political will of citizens of the Union.
1141/2014 recital 2
(3) Articles 11 and 12 of the Charter state that the right to freedom of association at all levels, for example in political and civic matters, and the right to freedom of expression, which includes the freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers, are fundamental rights of every citizen of the Union.
1141/2014 recital 3
(4) European citizens should be enabled to use those rights in order to participate fully in the democratic life of the Union.
1141/2014 recital 4
(5) Truly transnational European political parties and their affiliated European political foundations have a key role to play in articulating the voices of citizens at European level by bridging the gap between politics at national level and at Union level.
1141/2014 recital 5
(6) European political parties and their affiliated European political foundations should be encouraged and assisted in their endeavour to provide a strong link between European civil society and the Union institutions, in particular the European Parliament.
1141/2014 recital 6 (adapted)
Experience acquired by the European political parties and their affiliated European political foundations in applying Regulation (EC) No 2004/2003 of the European Parliament and of the Council, together with the European Parliament's resolution of 6 April 2011 on the application of Regulation (EC) No 2004/2003, show the need to improve the legal and financial framework for European political parties and their affiliated European political foundations so as to enable them to become more visible and effective actors in the multi-level political system of the Union.
1141/2014 recital 7 (adapted)
(7) As a recognition of the mission attributed to European political parties in the TEU and in order to facilitate their work, a specific European legal status should be established laid down for European political parties and their affiliated European political foundations.
1141/2014 recital 8 (adapted)
(8) An The Authority for European political parties and foundations ('the Authority') should be established for the is a body of the Union within the meaning of Article 263 of the Treaty on the Functioning of the European Union (TFEU) whose purpose of registering, controlling and imposing is to register, control and impose sanctions on European political parties and European political foundations. Registration should be necessary in order to obtain European legal status, which entails a series of rights and obligations. To avoid any possible conflict of interests, the Authority should be independent.
1141/2014 recital 9
(9) The procedures to be followed by European political parties and their affiliated European political foundations in order to obtain European legal status pursuant to this Regulation should be laid down, as should the procedures and criteria to be respected in arriving at a decision on whether to grant such European legal status. It is also necessary to lay down the procedures for cases in which a European political party or a European political foundation forfeits, loses or gives up its European legal status.
1141/2014 recital 10 (adapted)
(10) In order to facilitate the oversight of legal entities that will be subject to both Union and national law, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission in respect of the functioning of a register of European political parties and foundations to be managed by the Authority ('the Register'), in particular as regards the information and supporting documents held in the Register. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level , and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making 26 . The Commission, when preparing and drawing up In particular, to ensure equal participation in the preparation of delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts .
1141/2014 recital 11
(11) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards provisions on the registration number system and on standard extracts to be made available from the Register by the Authority to third parties upon request. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council 27 .
1141/2014 recital 12 (adapted)
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(12) European political parties and their affiliated European political foundations wishing to obtain recognition as such at Union level by virtue of European legal status and to receive public funding from the general budget of the European Union should respect certain principles and fulfil certain conditions. In particular, it is necessary for European political parties, and their affiliated European political foundations and their respective members in the Union to respect observe the values on which the Union is founded, as expressed in Article 2 TEU. European political parties and their affiliated European political foundations should also ensure that their member parties and member organisations observe such values.
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(13) For the purpose of its decisions to register, in order to ascertain that a European political party or a European political foundation complies with its obligations to observe the values on which the Union is founded, as expressed in Article 2 TEU, and that it ensures that its members observe such values, the Authority should rely on a written declaration to be issued by the European political party or European political foundation by using a template attached to this Regulation. The power of the Authority, upon request from the European Parliament, the Council or the Commission, to verify the compliance with such values should however not extend to possible breaches of those values by member parties or member organisations.
1141/2014 recital 13
(14) Decisions to de-register a European political party or a European political foundation on the ground of non-compliance with the values on which the Union is founded, as expressed in Article 2 TEU, should be taken only in the event of a manifest and serious breach of those values. When taking a decision to de-register, the Authority should fully respect the Charter.
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(15) In order to protect the financial interests of the Union, and to align this Regulation with Article 297 TFEU, the decisions to de-register should take effect upon notification.
1141/2014 recital 14
(16) The statutes of a European political party or a European political foundation should contain a series of basic provisions. Member States should be allowed to impose additional requirements for the statutes of European political parties and European political foundations which have established their seat on their respective territories, provided those additional requirements are not inconsistent with this Regulation.
1141/2014 recital 15 (adapted)
(17) The Authority should regularly verify that the conditions and requirements relating to the registration of European political parties and European political foundations continue to be met. Decisions relating to the respect for the values on which the Union is founded, as expressed in Article 2 TEU, should only be taken in accordance with a procedure specifically designed to that effect, following consultation of a the committee of independent eminent persons established by Regulation (EU, Euratom) No 1141/2014 .
1141/2014 recital 16 (adapted)
The Authority is a body of the Union within the meaning of Article 263 TFEU.
1141/2014 recital 17
(18) The independence and transparency of the committee of independent eminent persons should be guaranteed.
2019/493 recital 3 (adapted)
(19) Recent events have demonstrated the potential risks to electoral processes and to democracy that can arise from tThe unlawful use of personal data can expose democracies and electoral processes to potential risks . It is therefore necessary to protect the integrity of the European democratic process by providing for financial sanctions in situations where European political parties or European political foundations take advantage of infringements of rules on protection of personal data with a view to influencing the outcome of elections to the European Parliament.
2019/493 recital 4 (adapted)
(20) To that end, a verification procedure should be established laid down whereby the Authority must is required , in certain circumstances, to ask the committee of independent eminent persons established by Regulation (EU, Euratom) No 1141/2014 to assess whether a European political party or a European political foundation has deliberately influenced or attempted to influence the outcome of elections to the European Parliament by taking advantage of an infringement of the applicable rules on protection of personal data. Where, in accordance with the verification procedure, that is found to be the case, the Authority should impose effective, proportionate and dissuasive sanctions under the effective, proportionate and dissuasive sanctioning system established by Regulation (EU, Euratom) No 1141/2014.
2019/493 recital 5 (adapted)
(21) When Where the Authority imposes a sanction on a European political party or foundation [in accordance with the verification procedure], it should take due account of the ne bis in idem principle, whereby sanctions cannot be imposed twice for the same offence. The Authority should also ensure that the principle of legal certainty is respected and that the European political party or European political foundation concerned has been given the opportunity to be heard.
2019/493 recital 7 (adapted)
(22) Since the new procedure is should be triggered by a decision of a competent national data protection supervisory authority, it should be possible for the European political party or European political foundation concerned to request that the sanction be reviewed if the decision of that national supervisory authority is repealed, or a remedy against that decision has been granted, provided that all national remedies have been exhausted.
1141/2014 recital 18
(23) The European legal status granted to European political parties and their affiliated foundations should provide them with legal capacity and recognition in all the Member States. Such legal capacity and recognition do not entitle them to nominate candidates in national elections or elections to the European Parliament or to participate in referendum campaigns. Any such or similar entitlement remains under the competence of Member States.
1141/2014 recital 19
(24) The activities of European political parties and European political foundations should be governed by this Regulation, and, for matters not governed by this Regulation, by the relevant provisions of national law in the Member States. The legal status of a European political party or of a European political foundation should be governed by this Regulation and by the applicable provisions of national law in the Member State where it has its seat ('Member State of the seat'). The Member State of the seat should be able to define ex ante the applicable law or to leave optionality for European political parties and European political foundations. The Member State of the seat should also be able to impose requirements other than, or additional to, those laid down in this Regulation, including provisions on the registration and integration of European political parties and foundations as such into national administrative and control systems and on their organisation and statutes, including on liability, provided that such provisions are not inconsistent with this Regulation.
1141/2014 recital 20
(25) As a key element of possessing European legal status, European political parties and European political foundations should have European legal personality. The acquisition of European legal personality should be subject to requirements and procedures to protect the interests of the Member State of the seat, of the applicant for European legal status ('the applicant') and of any third parties concerned. In particular, any pre-existing national legal personality should be converted into a European legal personality and any individual rights and obligations that have accrued to the former national legal entity should be transferred to the new European legal entity. Moreover, in order to facilitate continuity of activity, safeguards should be put in place to prevent the Member State concerned from applying prohibitive conditions to such conversion. The Member State of the seat should be able to specify which types of national legal persons may be converted into European legal persons, and to withhold its agreement to the acquisition of European legal personality under this Regulation until adequate guarantees are provided, in particular, for the legality of the applicant's statutes under the laws of that Member State or for the protection of creditors or holders of other rights in respect of any pre-existing national legal personality.
1141/2014 recital 21
(26) The termination of European legal personality should be subject to requirements and procedures to protect the interests of the Union, of the Member State of the seat, of the European political party or European political foundation and of any third parties concerned. In particular, if the European political party or European political foundation acquires legal personality under the law of the Member State of its seat, this should be considered as a conversion of the European legal personality and any individual rights and obligations that the former European legal entity has respectively acquired or incurred should be transferred to the national legal entity. Moreover, in order to facilitate continuity of activity, safeguards should be put in place to prevent the Member State concerned from applying prohibitive conditions to such conversion. If the European political party or European political foundation does not acquire legal personality in the Member State of its seat, it should be wound up in accordance with the law of that Member State and in accordance with the condition requiring it not to pursue profit goals. The Authority and the Authorising Officer of the European Parliament should be able to agree modalities with the Member State concerned regarding the termination of the European legal personality, in particular in order to ensure the recovery of funds received from the general budget of the European Union and any financial sanctions.
1141/2014 recital 22
(27) If a European political party or a European political foundation seriously fails to comply with relevant national law and if the matter relates to elements affecting respect of the values on which the Union is founded, as expressed in Article 2 TEU, the Authority should decide, upon request by the Member State concerned, to apply the procedures laid down by this Regulation. Moreover, the Authority should decide, upon request from the Member State of the seat, to remove from the Register a European political party or European political foundation which has seriously failed to comply with relevant national law on any other matter.
1141/2014 recital 23 (adapted)
(28) Eligibility for funding from the general budget of the European Union should be limited to European political parties and their affiliated European political foundations that have been recognised as such and have obtained European legal status. While it is crucial to ensure that the conditions applicable to becoming a European political party are not excessive but can readily be met by organised and serious transnational alliances of political parties or natural persons or both, it is also necessary to establish lay down proportionate criteria in order to allocate limited resources from the general budget of the European Union which criteria objectively reflect the European ambition and genuine electoral support of a European political party. Such criteria are best based on the outcome of elections to the European Parliament, in which the European political parties or their members are required to participate under this Regulation, providing a precise indication of the electoral recognition of a European political party. These should reflect the European Parliament's role of directly representing the Union's citizens, assigned to it by Article 10(2) TEU, as well as the objective for European political parties to participate fully in the democratic life of the Union and to become actors in Europe's representative democracy, in order effectively to express the views, opinions and political will of the citizens of the Union. Eligibility for funding from the general budget of the European Union should therefore be limited to European political parties which are represented in the European Parliament by at least one of their members and to European political foundations which apply through a European political party that is represented in the European Parliament by at least one of its members.
2018/673 recital 6 (adapted)
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(29) For reasons of transparency and in order to strengthen the scrutiny and the democratic accountability of European political parties and the link between European civil society and the Union institutions, and in particular the European Parliament, access to funding from the general budget of the European Union should be made conditional upon the EU member parties publishing on the provision of certain information. In particular, European political parties should ensure that their member parties with their seat in the Union publish , in a clearly visible and user-friendly manner, the political programme and logo of the European political partyconcerned.
(30) European political parties and their member parties should lead by example in closing the gender gap in the political domain. If they wish to benefit from EU funding, European political parties should have internal rules promoting gender balance and they should be transparent about the gender balance of their member parties. The inclusion of information European political parties should provide evidence on their internal policy on gender balance and on their member parties’ gender representation as regards candidates to and Member of the European Parliament in relation to each of the member parties of the European political party should be encouraged. The European political parties are also encouraged to provide information in relation to their member parties’ on inclusiveness and representation of minorities.
1141/2014 recital 24 (adapted)
(31) In order to increase the transparency of European political party funding, and to avoid potential abuse of the funding rules, a member of the European Parliament should, for the purposes of funding only, be regarded as a member of only one European political party, which should, where relevant, be the one to which their his or her national or regional political party is affiliated on the final date for the submission of applications for funding.
1141/2014 recital 25
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(32) The procedures to be followed by European political parties and their affiliated European political foundations when they apply for funding from the general budget of the European Union should be laid down, as well as the procedures, criteria and rules to be respected in arriving at a decision on the grant of such funding. In that context, the European political parties and foundations should in particular comply with the principle of sound financial management.
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(33) In order to address the difficulties that European political parties, in particular small ones, face in achieving the 10% co-financing rate required by Regulation (EU, Euratom) No 1141/2014, the co-financing rate for European political parties should be reduced to 5%, in line with the rate for European political foundations.
(34) The co-financing rate should be lowered to 0% in the year of the elections to the European Parliament. Eliminating the co-financing obligation in the year of the elections to the European Parliament should help European political parties increase the number and intensity of their campaign activities and, therefore, also increase their visibility at national level.
1141/2014 recital 26
(35) In order to enhance the independence, accountability and responsibility of European political parties and European political foundations, certain types of donations and contributions from sources other than the general budget of the European Union should be prohibited or subject to limitations. Any restriction on free movement of capital which such limitations might entail is justified on grounds of public policy and is strictly necessary for the attainment of those objectives.
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(36) A due diligence mechanism should be introduced to improve the transparency of large donations and to minimise the risk of foreign interference from this source. To that end, European political parties and European political foundations should request detailed identification information from their donors. The Authority should be empowered to request additional information from donors where it has grounds to believe that a donation has been granted in breach of this Regulation.
(37) In order to enhance cooperation with long-standing members sharing EU values, contributions from member parties having their seat in a country outside the Union but in the Council of Europe, should be allowed. However, such contributions should be subject to a cap in relation to total contribution, to limit the risk of foreign interference.
(38) Regulation (EU, Euratom) No 1141/2014 acknowledges only two categories of revenues for European political parties and foundations apart from contributions from the budget of the European Union, namely contributions from members and donations. A number of revenue sources generated from own economic activities (such as sales of publications or conference fees) fall outside the scope of these two categories, creating accounting and transparency problems. A third category of revenues (‘own resources’) should therefore be created. The proportion of own resources in the total budget of a European political party or foundations should be capped at 5% to avoid that it becomes overdimensioned in relation to the overall budget of these entities.
1141/2014 recital 27
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(39) In order to reach out to their members and constituencies across the Union, European political parties should be able to finance have the right to use their funding for cross-border political campaigns. conducted in the context of elections to the European Parliament, while Tthe funding and limitation of election expenses for parties and candidates at such elections in those campaigns should be governed by the rules applicable in each Member State.
1141/2014 recital 32
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(40) In order to help raise the European political awareness of citizens and to promote the transparency of the European electoral process political affiliation , European political parties may inform citizens during elections to the European Parliament of the ties between them and their affiliated national political parties and candidates.
1141/2014 recital 28
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(41) European political parties should not fund, directly or indirectly, other political parties and, in particular, national parties or candidates. European political foundations should not fund, directly or indirectly, European or national political parties or candidates. The prohibition of indirect funding should however not prevent European political parties from publicly supporting and engaging with their member parties in the Union on issues of relevance for the Union, or to support political activities in the common interest, to be able to fulfil their mission under Article 10(4) TEU. Moreover, European political parties and their affiliated European political foundations should not only finance activities in the context of national referendum campaigns when they concern the implementation of the TEU and the TFEU . These principles reflect Declaration No 11 on Article 191 of the Treaty establishing the European Community annexed to the Final Act of the Treaty of Nice.
1141/2014 recital 29
(42) Specific rules and procedures should be laid down for distributing the appropriations available each year from the general budget of the European Union, taking into account, on the one hand, the number of beneficiaries and, on the other, the share of elected members in the European Parliament of each beneficiary European political party and, by extension, its respective affiliated European political foundation. Those rules should provide for strict transparency, accounting, auditing and financial control of European political parties and their affiliated European political foundations, as well as for the imposition of proportionate sanctions, including in the event of a breach by a European political party or a European political foundation of the values on which the Union is founded, as expressed in Article 2 TEU.
1141/2014 recital 30 (adapted)
(43) In order to ensure compliance with the obligations laid down by this Regulation regarding the funding and expenditure of European political parties and European political foundations and regarding other matters, it is necessary to establish provide for effective control mechanisms. To that end, the Authority, the Authorising Officer of the European Parliament and the Member States should cooperate and exchange all necessary information. Mutual cooperation amongst Member States' authorities should be also encouraged in order to ensure the effective and efficient control of obligations stemming from applicable national law.
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(44) With a view to increasing legal certainty provided by this Regulation and to ensure its coherent implementation, the Authority and the Authorising Officer of the European Parliament should cooperate closely, including through regular exchange of views and information on the interpretation and concrete application of this Regulation. In addition, in full respect of the independence of the Authority, cooperation between the Authority, the Authorising Officer of the European Parliament and European political parties and European political foundations should facilitate the correct implementation of the Regulation by the European political parties and European political foundations and prevent legal disputes. The obligation of the Authority to hear European political parties or European political foundations before taking any decisions having adversary effects should also help facilitating the correct implementation of the Regulation by the European political parties and European political foundations and, at the same time, help preventing legal disputes.
1141/2014 recital 31
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(45) It is necessary to provide for a clear, strong and dissuasive and proportionate system of sanctions in order to ensure effective, proportionate and uniform compliance with the obligations regarding the activities of European political parties and European political foundations. Such a system should also respect the ne bis in idem principle whereby sanctions cannot be imposed twice for the same offence. It is also necessary to define the respective roles of the Authority and of the Authorising Officer of the European Parliament in controlling and verifying compliance with this Regulation as well as the mechanisms for cooperation between them and the Member States' authorities.
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(46) Political advertising plays an important role for political parties to communicate to citizens and interact with them on political issues. It can take many forms and be disseminated through many media, from television and radio, to print and online social media. It is an important part of the electoral process and represents an important part of the amounts spent by political parties and candidates. While it brings important benefits, it also entails potential risks to electoral processes and democracy. Those risks can arise from opaque practices and the use of political advertising as a vector for disinformation including when the advertising does not disclose its political nature, and where it is funded and targeted covertly.
(47) A high level of transparency should therefore be provided by European political parties in their political advertising to support a fair political debate and free and elections including to combat disinformation. It should support citizens’ understanding of the nature, source and context of political advertising, including its funding and the amounts spent, and regarding whether and how it was targeted to them. It should also promote accountability and contribute to reducing the incidence of the misuse of political advertising, including connected to disinformation and other types of interference in the democratic debate. The transparency requirements should support the European dimension of elections to the European Parliament including the cross border dimension.
(48) Member States should ensure adequate enforcement of the transparency obligations applicable to political advertising laid down in this Regulation. Member States should entrust competent authorities with the necessary powers to supervise compliance with those transparency obligations. In order to avoid undue interferences, such national regulatory authorities or bodies should exercise their powers impartially and transparently and be legally distinct from the government and functionally independent of their respective governments and of any other public or private body. Citizens and other interested parties should be able to know which regulatory authorities are competent in each Member State, which should be achieved by providing an obligation for the Authority to publish on its website and keep updated a list of Member States’ national regulatory authorities. Decisions of national regulatory authorities should be subject to effective legal remedies, in full compliance with Article 47 of the Charter. This should include ensuring that appropriate redress can be sought and obtained in due time, upon request of any interested party, requiring the European Political Party to put an end to any violation of the transparency requirements laid down in this Regulation.
(49) European political parties often rely on external service providers, including advertising publishers, for the preparation, placement, publication and dissemination of their political advertisements. Such service providers are bound by Regulation 2022/XX of the European Parliament and of the Council 28 on the transparency and targeting of political advertising. Where entering into a contractual relationship on the provision of services related to political advertisements, European political parties should ensure that the providers of political advertising services, including advertising publishers, comply with their obligations under Regulation 2022/XX [on the transparency and targeting of political advertising]. They should ensure that the contractual arrangements specify how the relevant provisions of this Regulation are taken into account. Where appropriate, the political advertisement may include the European political party’s political logo.
(50) It is necessary to establish a common repository for the disclosures of European political parties. Given its specific role in the implementation of this Regulation, the Authority should establish and manage such repository as a part of the Registry for European political parties. The information contained in the repository should be transmitted by European Political Parties to the Authority using a standard format and may be automated. European political parties should make available in the Authority’s repository information to enable the wider context of the political advertisement and its aims to be understood. The information on the amount allocated to political advertising in the context of a specific campaign to be included in the repository may be based on an estimated allocation of funding. The amounts to be mentioned in the repository include donations for specific purposes or benefits in kind.
(51) European political parties should implement and regularly update their policy on their use of political advertising. This policy and an annual report on its implementation should be available on the European Political Party’s website.
(52) Regulation (EU) 2022/XX [on the transparency and targeting of political advertising] establishes obligations for data controllers using targeting or amplification techniques in the context of political advertising. When using targeting or amplification techniques for political advertising, European political parties should ensure compliance with Article 12 of that Regulation. Supervisory authorities within the meaning of Article 4, point (21) of Regulation (EU) 2016/679 of the European Parliament and of the Council 29 should be competent to monitor compliance with this Regulation.
(53) Information concerning compliance by European political parties with the transparency requirements established in this Regulation should be available at Union level. In order to facilitate this, the Authority should prepare and publish a factual and descriptive report on any decisions of national regulatory authorities or supervisory authorities pursuant to this Regulation.
(54) In view of the need to protect the integrity of the European democratic process, European political parties should prove compliance with transparency rules applicable to political advertising in order to be eligible for funds coming from the budget of the European Union.
1141/2014 recital 33 (adapted)
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(55) For reasons of transparency, and in order to strengthen the scrutiny and the democratic accountability of European political parties and European political foundations, information considered to be of substantial public interest, relating in particular to their statutes, membership, financial statements, donors and donations, contributions and grants received from the general budget of the European Union, as well as information relating to decisions taken by the Authority and the Authorising Officer of the European Parliament on registration, funding and sanctions, should be published in a user-friendly, open and machine readable format . Establishing Laying down a regulatory framework to ensure that this information is publicly available is the most effective means of promoting a level playing field and fair competition between political forces, and of upholding open, transparent and democratic legislative and electoral processes, thereby strengthening the trust of citizens and voters in European representative democracy and, more broadly, preventing corruption and abuses of power.
1141/2014 recital 34
(56) In compliance with the principle of proportionality, the obligation to publish the identity of donors who are natural persons should not apply to donations equal to or below EUR 1500 per year and per donor. Furthermore, such obligation should not apply to donations the annual value of which exceeds EUR 1500 and is below or equal to EUR 3000 unless the donor has given prior written consent to the publication. These thresholds strike an appropriate balance between, on the one hand, the fundamental right to the protection of personal data and, on the other hand, the legitimate public interest in transparency regarding the funding of European political parties and foundations, as reflected in international recommendations to avoid corruption in relation to the funding of political parties and foundations. The disclosure of donations exceeding EUR 3000 per year and per donor should allow effective public scrutiny and control over the relations between donors and European political parties. Also in compliance with the principle of proportionality, information on donations should be published annually, except during election campaigns to the European Parliament or for donations exceeding EUR 12000, in respect of which publication should take place expeditiously.
1141/2014 recital 35 (adapted)
(57) This Regulation respects the fundamental rights and observes the principles enshrined in the Charter, in particular Articles 7 and 8 thereof, which state that everyone has the right to respect for their his or her private life and to the protection of personal data concerning him or her, and it must be implemented in full respect of those rights and principles.
1141/2014 recital 36
(58) Regulation (EU) 2018/1725(EC) No 45/2001 of the European Parliament and of the Council 30 31 applies to the processing of personal data carried out by the Authority, the European Parliament and the committee of independent eminent persons in application of this Regulation.
1141/2014 recital 37
(59) Regulation (EU) 2016/679Directive 95/46/EC applies to the processing of personal data carried out in application of this Regulation.
1141/2014 recital 38 (adapted)
(60) For the sake of legal certainty, it is appropriate to clarify that the Authority, the European Parliament, the European political parties and European political foundations, the national authorities competent to exercise control over aspects related to the financing of European political parties and European political foundations, and other relevant third parties referred to or provided for in this Regulation are data controllers within the meaning of Regulation (EU) 2018/1725(EC) No 45/2001 or Regulation (EU) 2016/679Directive 95/46/EC. It is also necessary to specify the maximum period for which they may retain personal data collected for the purposes of ensuring the legality, regularity and transparency of the funding of European political parties and European political foundations and the membership of European political parties. In their capacity as data controllers, the Authority, the European Parliament, the European political parties and European political foundations, the competent national authorities and the relevant third parties must take all the appropriate measures to comply with the obligations imposed by Regulation (EU) 2018/1725(EC) No 45/2001 and or Regulation (EU) 2016/679Directive 95/46/EC, in particular those relating to the lawfulness of the processing, the security of the processing activities, the provision of information, and the rights of data subjects to have access to their personal data and to procure the correction and erasure of their personal data.
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(61) In order to facilitating the monitoring of the implementation of this Regulation, single points of contact in charge of coordination with the European level should be designated by each Member Sate. Such contact points should be adequately resourced to be able to ensure effective coordination, including on issues related to the monitoring of political advertising,
1141/2014 recital 39 (adapted)
(62) Regulation (EU) 2016/679 Chapter III of Directive 95/46/EC on judicial remedies, liability and sanctions applies as regards the data processing carried out in application of this Regulation. The competent national authorities or relevant third parties should be liable in accordance with applicable national law for any damage that they cause. In addition, Member States should ensure that the competent national authorities or relevant third parties are liable to appropriate sanctions for infringements of this Regulation.
1141/2014 recital 40
(63) Technical support afforded by the European Parliament to European political parties should be guided by the principle of equal treatment, should be supplied against invoice and payment and should be subject to a regular public report.
1141/2014 recital 41
(64) Key information on the application of this Regulation should be available to the public on a dedicated website.
1141/2014 recital 42
(65) Judicial control by the Court of Justice of the European Union will help to ensure the correct application of this Regulation. Provision should also be made to allow European political parties or European political foundations to be heard and to take corrective measures before a sanction is imposed on them.
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(66) To further align the evaluation of this Regulation with the elections to the European Parliament cycle, the dates of the proposed comprehensive review should be adapted. Moreover, to avoid duplication, the provisions on transparency and targeting of political advertising should be evaluated as part of the Commission’s report following the elections to the European Parliament.
1141/2014 recital 43
(67) Member States should ensure that national provisions that are conducive to the effective application of this Regulation are in place.
1141/2014 recital 44 (adapted)
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(68) Member States European political parties and foundations should be given sufficient time to adopt provisions to ensure the smooth and effective application of this Regulation. Provision should therefore be made for a transitional period between the entry into force of this Regulation and its the application of some of its articles .
1141/2014 recital 45 (adapted)
The European Data Protection Supervisor was consulted and adopted an opinion.
1141/2014 recital 46 (adapted)
Given the need for significant changes and additions to the rules and procedures currently applicable to political parties and political foundations at Union level, Regulation (EC) No 2004/2003 should be repealed,
1141/2014 (adapted)
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