EFA responds on proposed European cross-border associations directive 

After the vote on the amended text for the proposed directive on European cross-border associations in March, EFA has submitted its response to a call for feedback.

Overall, EFA welcomes the proposal:

• For its contribution towards a Europe that affords organised civil society its full rightful place
• As a necessary text for recognising the place of the nonprofit model in Europe
• As a text that removes barriers to cross-border activities

EFA states that we ‘recognise the contribution of the proposal for a directive, in that it reaffirms the essential nature of the freedom of association for democracy to function properly’, and welcomes that the proposed directive ‘ensures the effective exercise of freedoms of association as recognised by the founding texts of the European Union, and gives full scope to the non-profit economic model promoted by associations for the benefit of citizens and territories’.

EFA also points to some areas to watch regarding the proposed directive’s content.

These include the proposed directive’s statement that only citizens of the European Union or those legally resident in the European Union may be members of the executive body of a cross-border association (Article 7). EFA notes that this restriction seems excessive in relation to the spirit of the proposed directive, which aims to facilitate the operation of associations, and particularly international associations whose membership is often multinational.

EFA’s response highlights too that the proposal places associations on the same level as ‘classic’ economic entities such as commercial organisations. The central role of volunteers at associations means, it states, that the directive must therefore be accompanied by a corresponding amendment to the GBER that takes account of the specific nature of the operation of associations and their economic model.

This will be essential for avoiding any potential claims that European cross-border associations are undermining competition by using free labour. Such an amendment will need to include a framework for exemption from State aid rules for nonprofit structures acting in the public interest, and protect the contribution that volunteers make to public-interest activities.

Read EFA’s response in full here.

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