04-Nov-2003
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►B REGULATION (EC) No 2004/2003 OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL
of 4 November 2003
on the regulations governing political parties at European level and the rules regarding their
funding
(OJ L 297, 15.11.2003, p. 1)
Amended by:
Official Journal
No page date
►M1 Regulation (EC) No 1524/2007 of the European Parliament and of the
Council of 18 December 2007
L 343 5 27.12.2007
2003R2004— EN— 27.12.2007 — 001.001— 1
REGULATION (EC) No 2004/2003 OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL
of 4 November 2003
on the regulations governing political parties at European level and
the rules regarding their funding
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 191 thereof,
Having regard to the proposal from the Commission,
Acting in accordance with the procedure laid down in Article 251 of the
Treaty (1),
Whereas:
(1) Article 191 of the Treaty states that political parties at European
level are important as a factor for integration within the Union
and that they contribute to forming a European awareness and to
expressing the political will of the citizens of the Union.
(2) A number of basic rules should be laid down, in the form of
regulations, for political parties at European level, in particular
with regard to their funding. Experience acquired in applying this
Regulation should reveal the extent to which these regulations
should, or should not, be supplemented by further rules.
(3) Experience has shown that a political party at European level will
have as its members either citizens gathered together in the form
of a political party or political parties which together form an
alliance. The terms ‘political party’ and ‘alliance of political
parties’ used in this Regulation should therefore be clarified.
(4) In order to be able to identify a ‘political party at European
level’, it is important to set certain conditions. In particular, it
is necessary for political parties at European level to observe the
principles on which the European Union is founded, as set out in
the Treaties and recognised in the Charter of Fundamental Rights
of the European Union.
(5) The procedure to be followed by political parties at European
level which wish to receive funding pursuant to this Regulation
should be laid down.
(6) Provision should also be made for regular verification of the
conditions applied for identifying a political party at European
level.
(7) Political parties at European level which have received funding
under this Regulation should submit to obligations aimed at
ensuring transparency of sources of funding.
(8) In accordance with Declaration No 11 on Article 191 of the
Treaty establishing the European Community annexed to the
Final Act of the Treaty of Nice, the funding granted pursuant
to this Regulation should not be used to fund, either directly or
indirectly, political parties at national level. By virtue of same
declaration, the provisions on the funding of political parties at
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2003R2004— EN— 27.12.2007 — 001.001— 2
(1) Opinion of the European Parliament of 19 June 2003 (not yet published in
the Official Journal) and Council Decision of 29 September 2003.
European level should apply, on the same basis, to all the
political forces represented in the European Parliament.
(9) The nature of the expenditure that can be funded under this
Regulation should be defined.
(10) The appropriations allocated to funding under this Regulation
should be determined in accordance with the annual budgetary
procedure.
(11) It is necessary to ensure maximum transparency and financial
control of political parties at European level funded from the
general budget of the European Union.
(12) A scale should be set for distributing the appropriations available
each year, taking into account, on the one hand, the number of
beneficiaries and, on the other, the number of elected members in
the European Parliament.
(13) Technical assistance to be afforded by the European Parliament to
political parties at European level should be guided by the
principle of equal treatment.
(14) The application of this Regulation and the activities funded
should be examined in a report from the European Parliament
which should be published.
(15) The judicial control which falls within the jurisdiction of the
Court of Justice will help ensure the correct application of this
Regulation.
(16) In order to facilitate transition towards the new rules, the application
of some of the provisions of this Regulation should be
postponed until the European Parliament has been formed after
the elections due in June 2004,
HAVE ADOPTED THIS REGULATION:
Article 1
Subject matter and scope
This Regulation establishes rules on the regulations governing political
parties at European level and rules regarding their funding.
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. ‘alliance of political parties’ means structured cooperation between at
least two political parties;
3. ‘political party at European level’ means a political party or an
alliance of political parties which satisfies the conditions referred
to in Article 3;
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4. ‘political foundation at European level’ means an entity or network
of entities which has legal personality in a Member State, is affiliated
with a political party at European level, and which through its
activities, within the aims and fundamental values pursued by the
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European Union, underpins and complements the objectives of the
political party at European level by performing, in particular, the
following tasks:
— observing, analysing and contributing to the debate on European
public policy issues and on the process of European integration,
— 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,
— developing cooperation with entities of the same kind in order to
promote democracy,
— serving as a framework for national political foundations,
academics, and other relevant actors to work together at
European level;
5. ‘funding from the general budget of the European Union’ means a
grant within the meaning of Article 108(1) of Regulation (EC,
Euratom) No 1605/2002 (1) (hereinafter referred to as the Financial
Regulation).
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Article 3
Conditions
►M1 1. ◄ A political party at European level shall satisfy the
following conditions:
(a) it must have legal personality in the Member State in which its seat
is located;
(b) it must be represented, in at least one quarter of Member States, by
Members of the European Parliament or in the national Parliaments
or regional Parliaments or in the regional assemblies, or
it 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 European Parliament elections;
(c) it must observe, in particular in its programme and in its activities,
the principles on which the European Union is founded, namely the
principles of liberty, democracy, respect for human rights and
fundamental freedoms, and the rule of law;
(d) it must have participated in elections to the European Parliament, or
have expressed the intention to do so.
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2. A political foundation at European level shall satisfy the following
conditions:
(a) it must be affiliated with one of the political parties at European
level recognised in accordance with paragraph 1, as certified by that
party;
(b) it must have legal personality in the Member State in which its seat
is located. This legal personality shall be separate from that of the
political party at European level with which the foundation is
affiliated;
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(1) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the
Financial Regulation applicable to the general budget of the European
Communities (OJ L 248, 16.9.2002, p. 1). Regulation as last amended by
Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9).;
(c) it must observe, in particular in its programme and in its activities,
the principles on which the European Union is founded, namely the
principles of liberty, democracy, respect for human rights and
fundamental freedoms, and the rule of law;
(d) it shall not promote profit goals;
(e) its governing body shall have a geographically balanced composition.
3. Within the framework of this Regulation, it remains for each
political party and foundation at European level to define the specific
modalities for their relationship, in accordance with national law,
including an appropriate degree of separation between the daily
management as well as the governing structures of the political foundation
at European level, on the one hand, and the political party at
European level with which the former is affiliated, on the other hand.
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Article 4
Application for funding
1. In order to receive funding from the general budget of the
European Union, a political party at European level shall file an application
with the European Parliament each year.
The European Parliament shall adopt a decision within three months and
authorise and manage the corresponding appropriations.
2. The first application shall be accompanied by the following
documents:
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(a) documents proving that the applicant satisfies the conditions laid
down in Articles 2 and 3;
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(b) a political programme setting out the objectives of the political
party at European level;
(c) a statute defining in particular the bodies responsible for political
and financial management as well as the bodies or natural persons
holding, in each of the Member States concerned, the power of
legal representation, in particular for the purposes of the acquisition
or disposal of movable and immovable property and of being a
party to legal proceedings.
3. Any amendment concerning the documents referred to in
paragraph 2, in particular a political programme or statute, which
have already been presented, shall be notified to the European
Parliament within two months. In the absence of such notification,
funding shall be suspended.
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4. A political foundation at European level may apply for funding
from the general budget of the European Union only through the
political party at European level with which it is affiliated.
5. Funding for a political foundation at European level shall be
allocated on the basis of its affiliation with a political party at
European level, subject to Article 10(1). Articles 9 and 9a shall apply
to the funds thus allocated.
6. Funding allocated to a political foundation at European level shall
only be used for the purpose of financing its activities in accordance
with Article 2(4). On no account may it be used to finance elections or
referenda campaigns.
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7. Paragraphs 1 and 3 shall apply mutatis mutandis to the political
foundations at European level when assessing applications for funding
from the general budget of the European Union.
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Article 5
Verification
1. The European Parliament shall verify regularly that the conditions
set out in Article 3(a) and (b) continue to be met by political parties at
European level.
2. With regard to the condition specified in Article 3(c), at the
request of one quarter of its members, representing at least three
political groups in the European Parliament, the European Parliament
shall verify, by a majority of its members, that the condition in question
continues to be met by a political party at European level.
Before carrying out such verification, the European Parliament shall
hear the representatives of the relevant political party at European
level and ask a committee of independent eminent persons to give an
opinion on the subject within a reasonable period.
The committee shall consist of three members, with the European
Parliament, the Council and the Commission each appointing one
member. The secretariat and funding of the committee shall be
provided by the European Parliament.
3. If the European Parliament finds that any of the conditions
referred to in Article 3(a), (b) and (c) is no longer satisfied, the
relevant political party at European level, which has for this reason
forfeited this status, shall be excluded from funding under this Regulation.
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4. Paragraph 2 shall apply mutatis mutandis to the political foundations
at European level.
5. If the political party at European level with which a political
foundation at European level is affiliated forfeits its status, the
political foundation at European level in question shall be excluded
from funding under this Regulation.
6. If the European Parliament finds that any of the conditions
referred to in Article 3(2)(c) are no longer satisfied, the political foundation
at European level in question shall be excluded from funding
under this Regulation.
Article 6
Obligations linked to funding
1. A political party at European level as well as a political foundation
at European level shall:
(a) publish its revenue and expenditure and a statement of its assets and
liabilities annually;
(b) declare its sources of funding by providing a list specifying the
donors and the donations received from each donor, with the
exception of donations not exceeding EUR 500 per year and per
donor.
2. A political party at European level as well as a political foundation
at European level shall not accept:
(a) anonymous donations;
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(b) donations from the budgets of political groups in the European
Parliament;
(c) donations from any undertaking over which the public authorities
may exercise directly or indirectly a dominant influence by virtue of
their ownership of it, their financial participation therein, or the
rules which govern it;
(d) donations exceeding EUR 12 000 per year and per donor from any
natural or legal person other than the undertakings referred to in
point (c) and without prejudice to paragraphs 3 and 4;
(e) donations from any public authority from a third country, including
from any undertaking over which the public authorities may
exercise directly or indirectly a dominant influence by virtue of
their ownership of it, their financial participation therein, or the
rules which govern it.
3. Contributions to a political party at European level from national
political parties which are members of a political party at European
level or from a natural person who is a member of a political party
at European level shall be admissible. Contributions to a political party
at European level from national political parties or from a natural person
shall not exceed 40 % of the annual budget of that political party at
European level.
4. Contributions to a political foundation at European level from
national political foundations, which are members of a political foundation
at European level, as well as from political parties at European
level, shall be admissible. Those contributions shall not exceed 40 % of
the annual budget of that political foundation at European level and may
not derive from funds received by a political party at European level
pursuant to this Regulation from the general budget of the European
Union.
The burden of proof shall rest with the political party at European level
concerned.
Article 7
Prohibition of funding
1. The funding of political parties at European level from the general
budget of the European Union or from any other source may not be
used for the direct or indirect funding of other political parties, and in
particular national parties or candidates. These national political parties
and candidates shall continue to be governed by national rules.
2. The funding of political foundations at European level from the
general budget of the European Union or from any other source shall
not be used for the direct or indirect funding of political parties or
candidates either at European or national level or foundations at
national level.
Article 8
Nature of expenditure
Without prejudice to the funding of political foundations, appropriations
received from the general budget of the European Union in accordance
with this Regulation may only be used to meet expenditure directly
linked to the objectives set out in the political programme referred to
in Article 4(2)(b).
Such expenditure shall include administrative expenditure and expenditure
linked to technical assistance, meetings, research, cross-border
events, studies, information and publications.
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The expenditure of political parties at European level may also include
financing campaigns conducted by the political parties at European level
in the context of the elections to the European Parliament, in which they
participate as required in Article 3(1)(d). In accordance with Article 7,
these appropriations shall not be used for the direct or indirect funding
of national political parties or candidates.
Such expenditure shall not be used to finance referenda campaigns.
However, in accordance with Article 8 of the Act concerning the
election of the members of the European Parliament by direct
universal suffrage, the funding of and limitation of election expenses
for all parties and candidates at European Parliament elections is
governed in each Member State by national provision.
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Article 9
Implementation and control
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1. Appropriations for funding of political parties at European level
and political foundations at European level shall be determined under
the annual budgetary procedure and shall be implemented in accordance
with the Financial Regulation and its implementing provisions.
The implementing procedures of this Regulation shall be laid down by
the authorising officer.
2. The valuation of movable and immovable property and its depreciation
shall be carried out in accordance with the provisions applicable
to the institutions as laid down in Article 133 of the Financial Regulation.
3. Control of funding granted under this Regulation shall be
exercised in accordance with the Financial Regulation and its implementing
provisions.
Control shall also be exercised on the basis of annual certification by an
external and independent audit. This certification shall be transmitted,
within six months of the end of the financial year concerned, to the
European Parliament.
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4. Further to application of this Regulation, any funds improperly
received by political parties at European level from the general
budget of the European Union shall be refunded to that budget.
5. Any document or information required by the Court of Auditors in
order to carry out its task shall be supplied to it at its request by the
political parties at European level receiving funding granted under this
Regulation.
Where expenditure is committed by political parties at European level
jointly with national political parties and other organisations, evidence
of the expenditure incurred by the political parties at European level
shall be made available to the Court of Auditors.
6. Funding of political parties at European level in their capacity as
bodies pursuing an objective of general European interest shall not be
subject to the provisions of Article 113 of the Financial Regulation
relating to the decreasing of the funding.
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Article 9a
Transparency
The European Parliament shall publish jointly in a section of its website
created for the purpose the following documents:
— an annual report with a table of the amounts paid to each political
party and each political foundation at European level, for each
financial year for which grants have been paid,
— the report of the European Parliament on the application of this
Regulation and the activities funded, as referred to in Article 12,
— the provisions for the implementation of this Regulation.
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Article 10
Distribution
1. Available appropriations shall be distributed annually as follows
among the political parties at European level which have obtained a
positive decision on their application for funding as referred to in
Article 4:
(a) 15 % shall be distributed in equal shares;
(b) 85 % shall be distributed among those which have elected members
in the European Parliament, in proportion to the number of elected
members.
For the application of these provisions, a Member of the European
Parliament may be a member of only one political party at European
level.
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2. Funding charged to the general budget of the European Union
shall not exceed 85 % of those costs of a political party or political
foundation at European level which are eligible for funding. The burden
of proof shall rest with the relevant political party at European level.
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Article 11
Technical support
All technical support from the European Parliament to political parties
at European level shall be based on the principle of equal treatment. It
shall be granted on conditions no less favourable than those granted to
other external organisations and associations that may be accorded
similar facilities and shall be supplied against invoice and payment.
The European Parliament shall publish details of the technical support
provided to each political party at European level in an annual report.
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Article 12
Evaluation
The European Parliament shall publish, by 15 February 2011, a report
on the application of this Regulation and the activities funded. The
report shall indicate, where appropriate, possible amendments to be
made to the funding system.
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Article 13
Entry into force and application
This Regulation shall enter into force three months following the date of
its publication in the Official Journal of the European Union.
Articles 4 to 10 shall apply from the date of the opening of the first
session held after the European Parliament elections of June 2004.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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