Procedure completed
Legal Basis EC Treaty (after Amsterdam) EC 095, EC Treaty (after Amsterdam) EC 308, EC before Amsterdam E 100
Activites
- 2003/08/18 Final act published in Official Journal
- #2524
-
2003/07/22
Council Meeting
-
2003/07/22
End of procedure in Parliament
-
2003/07/22
Act adopted by Council after consultation of Parliament
- #2512
-
2003/06/02
Council Meeting
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2003/05/14
Decision by Parliament, 1st reading/single reading
-
T5-0209/2003
summary
The European Parliament adopted, by 440 votes for, 12 votes against and 25 abstentions, the report by Mrs Evelyne GEBHARDT (PES, D). MEPs adopted a key amendment to the proposal with the aim of ensuring that its legal basis is such as to make it subject to the codecision procedure and not the consultation procedure. They argue that the proposal should in fact be based on Article 95 and not on article 308. It maintains that Article 95 is a "lex specialis" in relation to Article 308 and constituted the correct legal basis for a regulation that was essentially aimed at harmonising Member States' laws, and hence reducing legal obstacles to the operation of the internal market, rather than creating new "supranational" law. MEPs also adopted amendments seeking to ensure proper information and consultation procedures and full transparency regarding any changes in the structure of the ECS, in particular with regard to employee's participation. It also states that employees' rights with regard to information, consultation and participation shall under no circumstances be less favourable than those applicable before the merger or the conversion of a ECS.�
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T5-0209/2003
summary
- 2003/05/13 Debate in Parliament
- 2003/04/23 Committee report tabled for plenary, reconsultation
-
2003/04/23
Vote in committee, 1st reading/single reading
-
2002/10/11
Formal reconsultation of Parliament
-
2002/07/12
Amended legislative proposal for reconsultation published
-
09923/2002
summary
To recall, the Commission submitted its first proposal for two instruments governing the European Cooperative Society (SCE) in March 1992 and amended proposals in July 1993. The proposals were inspired by those on the two instruments governing the European Company (SE), proposed initially by the Commission in 1970. After agreement had been reached on the SE in December 2000, the Swedish Presidency presented revised texts of the two instruments governing the European Cooperative Society in March/April 2001, largely based on those agreed for the SE. The Regulation governs the statute of the European Cooperative Society. The Directive governs the involvement of employees in the society. On 6 June 2001 the Council agreed on a general approach in respect of the two instruments. The Commission's proposals for the Regulation and the Directive were based on Article 100a (now 95) TEU, and Article 54 (now 44) TEC respectively. At the time, these articles provided for the co-operation procedure. Once the Maastricht Treaty came into force, proposals made under them became subject to the co-decision procedure. On this basis, the European Parliament delivered its first opinion on 20 January 1993, confirmed them on 2 December 1993 and once again on 27 October 1999. This reconsultation of the proposed Council Regulation on the Statute for a European Cooperative Society has been published to make clear to the Parliament that these proposals shall now use Article 308 as their legal basis which provides for Council unanimity and the consultation of the European Parliament.�
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09923/2002
summary
- #2431
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2002/06/03
Council Meeting
- #2426
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2002/05/21
Council Meeting
- #2412
- 2002/03/01 Council Meeting
- #2102
- 1998/06/04 Council Meeting
- #2087
- 1998/04/07 Council Meeting
- #2079
- 1998/03/30 Council Meeting
- #2060
- 1997/12/16 Council Meeting
- #2051
- 1997/11/27 Council Meeting
- #2007
- 1997/05/21 Council Meeting
- #1999
- 1997/04/17 Council Meeting
- #1892
- 1995/12/05 Council Meeting
- #1769
- 1994/06/16 Council Meeting
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1993/12/02
Decision by Parliament, 1st reading/single reading
-
T3-0681/1993
summary
In its first reading under the codecision procedure, the European Parliament confirmed its vote of 20 January 1993. �
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T3-0681/1993
summary
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1993/11/23
Committee report tabled for plenary confirming Parliament's position
- A3-0364/1993
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1993/11/23
Vote in committee, 1st reading/single reading
-
1993/07/06
Modified legislative proposal published
-
COM(1993)0252
summary
The Commission's modified proposal reflected, in whole or in part, 17 of the 29 amendments proposed by Parliament, including, in particular: - the loss of member status as a result of death or bankruptcy; - the impossibility of the statute requiring acquisition of more than one share in order to accede to member status, where the majority at the general meetings is reserved to members who are natural persons, and if the statute includes an obligation to subscribe associated with members' participation in the activities of the European cooperative society; - an increase in capital by incorporation of all or some of the divisible reserves, on a proposal by the management board or administrative board, following a decision by the general meeting; - the possibility of plural voting, subject to specified conditions, where the European cooperative society is not exclusively made up of natural persons; - the broadening of the means of financing the European cooperative society to include those open to cooperatives not only in the State of the registered office but also in those where it may have places of business; - the principle of impartial devolution of assets in the event of liquidation; - various amendments specifying the functioning of the organs. In addition, the Commission, at the urging of the Member States, tightened the conditions and arrangements governing the transfer of the ECS from one Member State to another. �
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COM(1993)0252
summary
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1993/01/20
Decision by Parliament, 1st reading/single reading
-
T3-0014/1993
summary
The European Parliament gave its opinion at first reading on three Commission proposals for regulations concerning the statutes for a European cooperative society, a European mutual society and a European association and on three proposals for directives supplementing these statutes in relation to the role of workers. Parliament gave its backing to these proposals with some amendments relating, in particular, to the names of the entities, the criteria governing their formation, the methods for the calling of meetings and the statutory powers of the general meetings as well as their legal and financial capacities. Parliament also expressed its support as regards the role of workers but tabled several amendments relating to worker information, consultation and participation. �
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T3-0014/1993
summary
- 1993/01/19 Debate in Parliament
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1992/12/03
Vote in committee, 1st reading/single reading
- A3-0001/1993
-
1992/04/10
Committee referral announced in Parliament, 1st reading/single reading
-
1992/03/05
Legislative proposal published
-
COM(1991)0273
summary
PURPOSE : to present a proposal for a Council Regulation on the Statute for a European Cooperative Society (SCE). CONTENT : the essential aim of the proposed Regulation is to enable the establishment of an SCE, a European legal instrument, by physical persons resident in different Member States or legal entities established under the laws of different Member States. It will also make possible the establishment of an SCE by merger of two existing cooperatives, or by conversion of a national cooperative into the new form without first being wound up, where that cooperative has its registered office and head office within one Member State and an establishment or subsidiary in another Member State. The aim of this proposal is to facilitate cooperatives wishing to engage in cross-border business, by making legislative provision which takes account of their specific features. The members' contributions are to form a capital, divided into shares which carry entitlement to a return. The SCE is to have legal personality from the day of its registration in the State in which it has its registered office. The SCE's registered office, which is to be specified in its rules, must be within the Community and must be in the same place as its central administration. An SCE may be set up by any two or more legal entities formed under the law of a Member State, provided they have their registered offices and central administrations in at least two different Member States. The proposal defines the constitutional rules, the workings, the responsibility and the winding up of the European cooperative societies.�
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COM(1991)0273
summary
Documents
- Legislative proposal published: COM(1991)0273
- Committee report tabled for plenary, 1st reading/single reading: A3-0001/1993
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T3-0014/1993
- Modified legislative proposal published: COM(1993)0252
- Committee report tabled for plenary confirming Parliament's position: A3-0364/1993
- Decision by Parliament, 1st reading/single reading: T3-0681/1993
- Debate in Council: 1769
- Debate in Council: 1892
- Debate in Council: 1999
- Debate in Council: 2007
- Debate in Council: 2051
- Debate in Council: 2060
- Debate in Council: 2079
- Debate in Council: 2087
- Debate in Council: 2102
- Debate in Council: 2412
- Amended legislative proposal for reconsultation published: 09923/2002
- Committee report tabled for plenary, reconsultation: A5-0146/2003
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T5-0209/2003
- : Regulation 2003/1435
- : OJ L 207 18.08.2003, p. 0001-0024
History
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