45 Amendments of Marie-Christine VERGIAT related to 2016/2237(INL)
Amendment 1 #
Motion for a resolution
Citation –1 (new)
Citation –1 (new)
-1 having regard to its declaration of 10 March 2011 on establishing European statutes for mutual societies, associations and foundations,
Amendment 2 #
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
– having regard to the July 2011 study commissioned by Parliament's Committee on Employment and Social Affairs entitled 'The role of mutual societies in the 21st century',
Amendment 4 #
Motion for a resolution
Recital A
Recital A
A. whereas the concept of ‘terms 'social enterprise’ is used in some legal systems interchangeably with that of ‘s' and 'solidarity- based enterprise’; whereas for the purposes of this resolution the concepts of ‘social enterprise’ and ‘solidarity-based enterprise’ are intended to be synonymouss' are often confused, but the things which they denote are not invariably the same and can differ greatly from one Member State to another; whereas the concept of ‘'social enterprise’ is not clear-cut, and overlaps with that of more traditional social economy' relates essentially to organisations, such as cooperatives, mutual organisations, associations and foundations; whereas discussions about the boundaries of the concept of ‘social enterprise’ are takigiving rise to numerous discussions among place amongwyers and social scientists and lawyers; whereas it seems imperative to agree at present on a legal definition that makes a solid contribution to the development of social enterprises by the European Union and public administrations at all levels possible; move without delay towards better recognition of the concept of 'social and solidarity-based enterprise' by establishing a European label that makes a solid contribution to the efforts by the European Union and public administrations at all levels possible to develop social and solidarity-based enterprises and all enterprises whose intrinsically social purpose could thus be recognised by means of such a label, which could change in the light of trends seen in enterprises in this sector; whereas, therefore, 'social and solidarity-based enterprises' will be the preferred term in this resolution;1a _________________ 1aThe terms mentioned in this recital, which do not mean the same things, are often mistranslated into English. In this resolution, the term 'entreprise sociale' should be rendered by 'social enterprise'; 'entreprise de l'économie sociale', by 'social economy enterprise'; and 'entreprise basée sur l'économie sociale et la solidarité', by 'social and solidarity- based enterprise'.
Amendment 12 #
Motion for a resolution
Recital B
Recital B
B. whereas there are substantial differences among Member States in the way they regulate social enterprises and the organisational forms available to social entrepreneurs under their legal systems; whereas the distinctive organisational forms that social enterprises adopt depend on the existing legal frameworks, on the political economy of welfare provision and of solidarity and on the cultural and historical traditions of non-profit development in each country;
Amendment 17 #
Motion for a resolution
Recital C
Recital C
C. whereas in some Member States specific legal forms have been created either by adapting the cooperative model, among others, or though the introduction of legal forms that recognise the social commitment taken on by a plurality of entities and that include some features specific for social and solidarity-based enterprises; whereas in other Member States socialthose enterprises operate using pre- existing legal forms, including legal forms used by mainstream SMEconventional companies, such as the limited liability company or the public limited company, and whereas in some Member States the legal arrangements may even be optional; whereas it should be noted that even if specific legal forms have been devised for them, social enterprises, in many cases, opt for a variety of other legal forms better suited to their needs and their situation;
Amendment 24 #
Motion for a resolution
Recital D
Recital D
D. whereas the adoption of diverse legal frameworks on social enterprises in many Member States confirm the development of a new kind of entrepreneurship more focused on social added value creation; whereas this diversity also confirms that social entrepreneurship is an innovative field; whereas social enterprises are proving particularly resilient to the economic and financial crisis and have capacities for both social and technological innovation;
Amendment 29 #
Motion for a resolution
Recital E
Recital E
E. whereas, in light of this diversity of legal forms available for the creation of a socialtatute for a social and solidarity-based enterprise across Member States, there does not seem to exist a consensus in Europe as to whether it is convenient or necessary at the present moment to set up at EU level a specific form of social enterprison setting up a specific form of social enterprise at EU level at this point in time; whereas Parliament has already stressed that the development of anye importance of developing new legal frameworks at Union level should be optional for enterprises and preceded by an impact assessment to take, but has always made the point that these can only be optional in relation to national frameworks; whereas it takes the view that the impact studies already carried out, for instance on mutual societies, serve to demonstrate that statutes of this type could be introduced on a Europe- wide basis if they took into account the existence of various social business models across the Member States; whereas Parliament has also stressed that any measures should demonstrate Union-wide added value;
Amendment 32 #
Motion for a resolution
Recital F
Recital F
F. whereas the fact that there is a choice in the available legal forms has the advantage of permitting social and solidarity-based enterprises to shape their structure in the manner which suits them best in the circumstances in question, the tradition where they have their roots and the type of business they wish to conduct;
Amendment 38 #
Motion for a resolution
Recital G
Recital G
G. whereas notwithstanding the above it is possible to derive from national experiences at Member State level some distinctive features and criteria that a social and solidarity-based enterprise should fulfil, regardless of the legal form it adopts, if it is to be considered as such a type of enterprise; whereas it seems desirable to establish at Union level those features and criteria in the form of minimum standards with a view to creating a consistent legal framework for such enterprises and to ensure that all social enterprises have a common identity regardless of the Member State of incorporation; whereas such institutional features should help to maintain social enterprisegive them an advantage over alternative ways of organising the production of social services;
Amendment 51 #
Motion for a resolution
Recital K
Recital K
K. whereas the above definitions are compatible and seem to bring together the features shared by all social and solidarity- based enterprises regardless of the Member State of incorporation; whereas such features should constitute the baseline for a cross- cutting and more definitive legal definition of ‘social enterprise’ at Union levelEuropean label for the 'social and solidarity-based enterprise';
Amendment 55 #
Motion for a resolution
Recital M
Recital M
M. whereas social enterprises operate in the market in an entrepreneurial fashion; whereas this implies that social enterprises carry on activities of a commercial nature and assume economic risks; whereas the financial viability of a social enterprise ultimately depends on the efforts made by their members and workers to secure adequate resourcesn economic nature;
Amendment 58 #
Motion for a resolution
Recital N
Recital N
N. whereas the contribution to social value creation must be the main purpose of a social and solidarity-based enterprise; whereas socialthose enterprises should expressly pursue the aim of benefitting the community at large or a specific group of people, transcending membership; whereas the social purpose pursued by social enterprises should be clearly indicated in their documents of establishment; whereas the notion of social and solidarity-based enterprise should not be confused with that of corporate social responsibility (CSR), even though commercial enterprises with significant CSR activities can have a strong interconnection with social business;
Amendment 61 #
Motion for a resolution
Recital O
Recital O
O. whereas social and solidarity-based enterprises should conduct a socially useful activity; whereas they may be active in a wide spectrum of activities; whereas social enterprises have typically engag, as well as in fields related into the delivery of social services and work integration services for disadvantaged groups, and whereas, therefore, they should not be confined to the latter fields; whereas a common trend in national legislation has been to enlarge the range of activities in which social and solidarity-based enterprises are entitled to engage, provided that they are of general interest and/or have a social utility, such as the provision of community services, including the educational, cultural, leisure, housing, and environmental fields; whereas these socially useful activities may be determined by law ex ante in a list or through a general clausex ante;
Amendment 65 #
Motion for a resolution
Recital P
Recital P
P. whereas social and solidarity-based enterprises are generally associated with social, technological, and economic innovation, as a result of the expansion of social enterprise activity in new fields of production of goods or of delivery of services, including environmental, cultural and recreational services, and/or the introduction of innovative production or work organisation methods;
Amendment 73 #
Motion for a resolution
Recital Q
Recital Q
Q. whereas social and solidarity-based enterprises are not necessarily non-profit organisations but, on the contrary, they can also be for-profit; whereas this notwithstanding the main focus of social enterprises should be on social values and on having a positive and durable impact on society’s well-being and economic development rather than making a profit for their owners, members or shareholders; whereas in this connection a constraint on distribution of profits and assets among members or shareholders, also known as ‘asset lock’, is essential to social enterprises; whereas a limited distribution of profits could be allowed, having regard to the legal form adopted by the social enterprise, but the procedures and rules covering that distribution should ensure that it does not undermine the primary objective of the enterprise; whereas the most significant proportion of profits made by a social enterprise should be reinvested or otherwise used to achieve its social purpose;
Amendment 78 #
Motion for a resolution
Recital S
Recital S
S. whereas social and solidarity-based enterprises should be ruled following democratic governance models involving the personir employees, their customers, and their stakeholders affected by the activityir business; whereas this participatory model represents a structural procedure to control the actual pursuit of the organisation's social goals; whereas members’ power in decision-making should not be based only or primarily on any capital stake they may hold, even when the model adopted by the social and solidarity-based enterprise is that of a commercial company;
Amendment 82 #
Motion for a resolution
Recital T
Recital T
T. whereas social and solidarity-based enterprises can adopt the form of commercinventional undertakings in some Member States; whereas the possibility of commercialsuch companies havbeing the status of socialrecognised as social and solidarity-based enterprises should be made dependent on fulfilling requirements and conditions that help resolve the potential contradictions between the company form and the social enterprise model;
Amendment 83 #
Motion for a resolution
Recital U
Recital U
U. whereas the treatment of employees in social enterprises should be comparable to that of employees of ordinarytraditional business enterprises; whereas social enterprises should take into consideration the special needs of its disadvantaged workers, where appropriate;
Amendment 86 #
V. whereas the positive impact of social and solidarity-based enterprises on the community may justify the adoption of concrete actions in their support, such as the payment of subsidies and the adoption of favourable tax and public procurement measures; whereas those measures should in principle be considered as being compatible with the Treaties, since theyare compatible with the Treaties, which emphasise the freedom to conduct business, regardless of an enterprise's status, and whereas, moreover, the above enterprises aim at facilitating the development of economic activities or areas mainly intended to have a positive impact on society;
Amendment 91 #
Motion for a resolution
Recital W
Recital W
W. whereas it is essential that public authorities check and ensure that a given undertaking based on the social economy and solidarity fulfils the requirements to be issued a certificate before it is granted one; whereas a social enterprise should have its certificatelabel revoked in the event that it fails to respect those requirements and its legal obligations;
Amendment 93 #
Motion for a resolution
Recital X
Recital X
X. whereas social enterprises based on the social economy and solidarity should issue a social report on a regular basis in which they give account, at least, of their activities, results, involvement of stakeholders, allocation of profits, salaries, subsidies and other benefits received;
Amendment 99 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to introduce at Union level a ‘European social label’ to be awarded to social enterprises based on the social economy and solidarity;
Amendment 110 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is of the opinion that a mechanism involving Member States should be established by which entities that fulfil the relevant legal requirements can obtain the European social label. Any legal entity fulfilling the legal criteria should be entitled to the EU label, regardless of whether the Member State of incorporation has a special legal form for ‘social enterprises’;
Amendment 116 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that social enterprises bearing the European social label should be recognised as such in all Member States in which they carry out their social activities, according to the types of activity in which they engage, and should enjoy the same benefits, rights and obligations that the socialas enterprises incorporated under the law of the Member State in which they operate;
Amendment 118 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to carry out, in cooperation with Member States and the social enterprise sector, a comparative study of the various national and regional legal frameworks governing social enterprises throughout the EU, and of the operating conditions for social enterprises and of their characteristics, including their size and number and their field of activities, as well as of the various national certification, status and labelling systems;
Amendment 121 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to collect, in cooperation with Member States and representatives of the social enterprise sector, information on good practices in the Member States, in particular in those fields laid down in the annex to this resolution, and to implement guidelines to encourage and support Member States in establishing or improving national frameworks for the development of social enterprises based on the social economy and solidarity;
Amendment 123 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to review existing legislation and to submit, where appropriate, legislative proposals establishing a more coherent and complete legal framework in support of social enterprises based on the social economy and solidarity, specifically, but not only, in the fields of public procurement and competition law, so that such undertakings are treated in a manner that is consistent with their particular nature and contribution to social cohesion and to economic growth; considers that these legislative proposals could, in particular, make it easier for enterprises based on the social economy and solidarity to cooperate with other such enterprises on a cross- border basis and to transact cross-border business;
Amendment 128 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers it appropriate that the Commission examines the possibility of establishing a line of financing to support innovation in social enterprises based on the social economy and solidarity, in particular when the innovative character of the activity carried out by the undertaking makes it difficult for it to ensure sufficient financing under normal market conditions;
Amendment 130 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission and Member States to engage in the collection of both quantitative and qualitative data, and analyses on social enterprises based on the social economy and solidarity and their contribution to public policy within and across countries with a view to improving policy and strategy making;
Amendment 132 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Requests the Commission to submit, on the basis of Article 50 of the Treaty on the Functioning of the European Union, a proposal for a legislative act on the creation of a European social label for social enterprises based on the social economy and solidarity, following the recommendations set out in the Annex hereto;
Amendment 135 #
Motion for a resolution
Annex I – paragraph 2
Annex I – paragraph 2
The European Parliament considers that the legislative act to be adopted should aim to create a ‘European social label’, which will be optional for social enterprises based on the social economy and solidarity, regardless of the legal form they decide to adopt in accordance with national legislation.
Amendment 137 #
Motion for a resolution
Annex I – paragraph 3 – point b
Annex I – paragraph 3 – point b
(b) its purpose must be ofessentially focused on the general interest and/or public utility;
Amendment 140 #
Motion for a resolution
Annex I – paragraph 3 – point c
Annex I – paragraph 3 – point c
(c) it should essentially conduct a socially useful activity, as determined by law, either ex ante or through a general clause;
Amendment 142 #
Motion for a resolution
Annex I – paragraph 3 – point d
Annex I – paragraph 3 – point d
(d) it should be subject to a total orn at least partial constraint on profit distribution and to specific rules on the allocation of profits and assets during its entire life, including at dissolution; in any case, the majority of the profits made by the undertaking should be reinvested or otherwise used to achieve its social purpose;
Amendment 144 #
Motion for a resolution
Annex I – paragraph 3 – point e
Annex I – paragraph 3 – point e
(e) it should be ruled following democratic governance models involving the personits employees, customers and stakeholders affected by theits activityies; members’ power and weight in decision-making shouldmay not be based only or primarily on any the capital stake they may hold;
Amendment 146 #
Motion for a resolution
Annex I – paragraph 4
Annex I – paragraph 4
The European Parliament considers that nothing prevents commercinventional undertakings from being awarded the European social labellabel for enterprises based on the social economy and solidarity if they comply with the above- mentioned requirements, in particular regarding the distribution of profits, governance and decision-making.
Amendment 149 #
Motion for a resolution
Annex I – paragraph 6
Annex I – paragraph 6
The legislative act should establish a mechanism of certification and of supervision and monitoring of the legal label with the involvement of Member States, which is essential to protect the legal label of ‘social enterprise and representatives of the social economy; such a mechanism is essential to protect the legal label of ‘enterprise based on the social economy and solidarity’ and preserve its intrinsic value. The European Parliament considers that this public control cshould involve secondary organisations representative ofor the social enterprise sector.
Amendment 151 #
Motion for a resolution
Annex I – paragraph 9
Annex I – paragraph 9
The European social label should be valid in all Member States. An enterprise bearing the label should be recognised as a social enterprisen enterprise based on the social economy and solidarity in all Member States. The label should allow any undertaking bearing it to carry out its main activity in other Member States under the same requirements as national undertakings bearing the label. They should enjoy the same benefits, rights and obligations as the social enterprises based on the social economy and solidarity incorporated under the law of the Member State in which they operate.
Amendment 153 #
Motion for a resolution
Annex I – paragraph 11
Annex I – paragraph 11
The legislative act should require social enterprises based on the social economy and solidarity willing to maintain the label to issue on a regular basis a social report on their activities, results, involvement of stakeholders, allocation of profits, salaries, subsidies, and other benefits received. In this regard, the Commission should be authorised to produce a model to help social enterprises inbased on the social economy and solidarity with this endeavour.
Amendment 156 #
Motion for a resolution
Annex I – paragraph 13 – introductory part
Annex I – paragraph 13 – introductory part
The legislative act should also authorise the Commission to establish guidelines ofor good practices for social enterprises based on the social economy and solidarity in Europe. These good practices should include at least, in particular, the following:
Amendment 157 #
Motion for a resolution
Annex I – paragraph 13 – point c
Annex I – paragraph 13 – point c
(c) adaptation to local social needs and to the local employment market, particularly at the local level;
Amendment 158 #
Motion for a resolution
Annex I – paragraph 13 – point e
Annex I – paragraph 13 – point e
(e) relations with users and clients and the response to social needs not yet covered by the market or the State;
Amendment 160 #
Motion for a resolution
Annex I – paragraph 13 – point f
Annex I – paragraph 13 – point f
(f) the situation of the enterprise with regard to diversity, non-discrimination and equal opportunitiesity for men and women among their members, including positions of responsibility and leadership;
Amendment 161 #
Motion for a resolution
Annex I – paragraph 14
Annex I – paragraph 14
Amendment 162 #
Motion for a resolution
Annex I – paragraph 15
Annex I – paragraph 15