2011/2116(INI) Statute for a European cooperative society with regard to the involvement of employees
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | EMPL |
GIEGOLD Sven ( Verts/ALE)
|
SÓGOR Csaba ( PPE),
REGNER Evelyn ( S&D),
HIRSCH Nadja ( ALDE),
HELMER Roger ( EFD)
|
| Committee Opinion | FEMM |
ESTRELA Edite ( S&D)
|
Norica NICOLAI ( ALDE)
|
| Committee Opinion | ECON | ||
| Committee Opinion | JURI |
REGNER Evelyn ( S&D)
|
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Subjects
Events
2012/07/18
EC - Commission response to text adopted in plenary
Documents
2012/03/13
EP - Results of vote in Parliament
Documents
2012/03/13
EP - Decision by Parliament
Details
The European Parliament adopted a resolution on the Statute for a European Cooperative Society with regard to the involvement of employees.
European Union Cooperatives : Members recall that cooperatives and other social economy enterprises are part of the European social model and the single market and therefore deserve strong recognition and support. They view with regret the fact that the SCE is not yet a success given its scarce use – until 2010 only 17 SCEs had been established, with a total of 32 employees. These stark figures show the Statute to be poorly suited to the specific circumstances of cooperative societies in Europe even though entrepreneurs have expressed an interest in setting up an SCE.
Parliament welcomes the Commission communication on the application of Council Regulation (EC) No 1435/2003 on the Statute for a European Cooperative Society (SCE). In particular, it welcomes the Commission’s intention to simplify the Statute while strengthening the cooperative-specific elements, and the fact that this will be accompanied by a stakeholder consultation; asks for Parliament’s position on the SCE to be taken into account in this process.
Employee participation in SCEs : Members welcome the fact that employee participation provisions are considered a core element in the SCE . They points out, however, that they should provide for the requirements linked to the special nature of cooperatives. The resolution points out that several Member States have not transposed articles of the directive concerning employees' rights, including the gender specific provisions , and that this has led to a number of gaps regarding the monitoring and the implementation of worker participation procedures. They stress the need to remedy this so as to prevent abuse of SCE arrangements.
Members regret the fact that the standard rules on the participation of workers in administrative bodies do not make worker participation a requirement. The Commission is invited to monitor closely the application of Directive 2003/72/EC in order to prevent its misuse for purposes of depriving employees of their rights.
Noting that the Directive should not be revised before the Statute, Members ask to consider the insertion of the provisions on employee participation directly in the Statute for the sake of simplification and smarter regulation.
The resolution stresses that a revision of the Directive should address the specific needs of employees in cooperatives , including the option to be both owner and employee of the same enterprise. It calls on the Commission to develop instruments to facilitate employee and user ownership of cooperatives.
The Commission and the Member States are called upon to encourage cooperatives to increase the participation of women in the SNB and to implement diversity policies in order to guarantee gender equality in professional and private life and, in particular, increase women participation in senior management positions.
The future of the Statute : Members stress that, owing to its complexity, the Statute only partially meets the needs of cooperatives and that it should be simplified and made intelligible to all to make it more user-friendly, easily understood and better applicable, thus ensuring the rights of information, consultation and participation of all employees without losing quality. The report emphasises that the Statute for a European Cooperative Society should not be made more attractive by reducing standards .
Members consider that the Statute should provide for an autonomous legal framework for SCEs alongside existing national law on cooperatives and that direct harmonisation is thus not taking place. They are of the opinion that the review of the Statute must facilitate a furthering of the recognition of this type of society in the EU. They emphasise that the economic weight of cooperative societies, their crisis resilience and the values on which they are based clearly show them to be relevant in the EU of today and justify a revision of the Statute. They insist on the involvement of all stakeholders in the revision process , especially social actors involved in the cooperative and trade union movement, while also highlighting the need to complete the process in a timely manner.
Increasing employment in cooperatives and SCEs and strengthening cooperatives as core elements of the social economy : Members deplore the fact that Parliament’s recommendations on cooperatives were largely ignored by the Commission and call for the specificities of social economy enterprises to be recognised and taken into account in European policies. They recall that in its Communication on the promotion of co-operative societies in Europe , the Commission committed itself to twelve actions but only three have been put into practice, with no significant results.
Parliament stresses that EU policies in all areas need to recognise the specificities and added value of social economy enterprises , including cooperative enterprises, through adapting legislation on public procurement, State aid and financial regulation accordingly. Member States should foster more favourable conditions for cooperatives , such as access to credit and tax incentives.
Whilst welcoming the fact that the Single Market Act recognises the need to promote the social economy, Members urge the Commission to:
launch the much anticipated ‘Social Business Initiative’ based on cooperative principle; come up with an open method of coordination for the social economy including cooperative enterprises in order to encourage exchanges of best practices and bring about for a gradual improvement in the Member States' taking account of the nature of cooperatives, in particular in the areas of taxation, loans, administrative burdens and business-support measures; take the financial structure of cooperatives into account in connection with capital requirements legislation and accounting and reporting standards; consider a European Year of Social Economy.
Support measures : Parliament supports business-support measures, in particular business-consultancy and employee training , and access to funding for cooperatives, especially for employee or customer buyouts, as they are an underrated tool for saving enterprises at times of crisis and for the transfer of family enterprises. It also stresses the growing importance of cooperatives in the area of social services and public goods.
The resolution highlights the potential of the SCE for promoting gender equality through the implementation of policies and programmes at various levels, paying particular attention to education, vocational training, action to promote entrepreneurship and ongoing training programmes.
Lastly, Members stress the need to ensure cooperatives' input in the social dialogue at the EU level.
Documents
2012/03/13
EP - End of procedure in Parliament
2012/03/12
EP - Debate in Parliament
Documents
2011/12/02
EP - Committee report tabled for plenary
Details
The Committee on Employment and Social Affairs adopted the own-initiative report drafted by Sven GIEGOLD (Greens/EFA, DE) on the Statute for a European Cooperative Society with regard to the involvement of employees.
Members recall that cooperatives and other social economy enterprises are part of the European social model and the single market and therefore deserve strong recognition and support.
They view with regret the fact that the SCE is not yet a success given its scarce use – until 2010 only 17 SCEs had been established, with a total of 32 employees. These stark figures show the Statute to be poorly suited to the specific circumstances of cooperative societies in Europe even though entrepreneurs have expressed an interest in setting up an SCE.
Employee participation in SCEs : Members welcome the fact that employee participation provisions are considered a core element in the SCE . They points out, however, that they should provide for the requirements linked to the special nature of cooperatives. The report points out that several Member States have not transposed articles of the directive concerning employees' rights, including the gender specific provisions , and that this has led to a number of gaps regarding the monitoring and the implementation of worker participation procedures. They stress the need to remedy this so as to prevent abuse of SCE arrangements.
Members regret the fact that the standard rules on the participation of workers in administrative bodies do not make worker participation a requirement. The Commission is invited to monitor closely the application of Directive 2003/72/EC in order to prevent its misuse for purposes of depriving employees of their rights.
Noting that the Directive should not be revised before the Statute, Members ask to consider the insertion of the provisions on employee participation directly in the Statute for the sake of simplification and smarter regulation.
The report stresses that a revision of the Directive should address the specific needs of employees in cooperatives , including the option to be both owner and employee of the same enterprise. It calls on the Commission to develop instruments to facilitate employee and user ownership of cooperatives.
The Commission and the Member States are called upon to encourage cooperatives to increase the participation of women in the SNB and to implement diversity policies in order to guarantee gender equality in professional and private life and, in particular, increase women participation in senior management positions.
The future of the Statute : Members stress that, owing to its complexity, the Statute only partially meets the needs of cooperatives and that it should be simplified and made intelligible to all to make it more user-friendly, easily understood and better applicable, thus ensuring the rights of information, consultation and participation of all employees without losing quality. The report emphasises that the Statute for a European Cooperative Society should not be made more attractive by reducing standards .
Members consider that the Statute should provide for an autonomous legal framework for SCEs alongside existing national law on cooperatives and that direct harmonisation is thus not taking place. They are of the opinion that the review of the Statute must facilitate a furthering of the recognition of this type of society in the EU. They emphasise that the economic weight of cooperative societies, their crisis resilience and the values on which they are based clearly show them to be relevant in the EU of today and justify a revision of the Statute. They insist on the involvement of all stakeholders in the revision process , especially social actors involved in the cooperative and trade union movement, while also highlighting the need to complete the process in a timely manner.
Increasing employment in cooperatives and SCEs and strengthening cooperatives as core elements of the social economy : Members deplore the fact that Parliament’s recommendations on cooperatives were largely ignored by the Commission. They recall that in its Communication on the promotion of co-operative societies in Europe , the Commission committed itself to twelve actions but only three have been put into practice, with no significant results.
The report stresses that EU policies in all areas need to recognise the specificities and added value of social economy enterprises , including cooperative enterprises, through adapting legislation on public procurement, State aid and financial regulation accordingly. Member States should foster more favourable conditions for cooperatives , such as access to credit and tax incentives.
Whilst welcoming the fact that the Single Market Act recognises the need to promote the social economy, Members urge the Commission to:
launch the much anticipated ‘Social Business Initiative’ based on cooperative principle; come up with an open method of coordination for the social economy including cooperative enterprises in order to encourage exchanges of best practices and bring about for a gradual improvement in the Member States' taking account of the nature of cooperatives, in particular in the areas of taxation, loans, administrative burdens and business-support measures; take the financial structure of cooperatives into account in connection with capital requirements legislation and accounting and reporting standards; consider a European Year of Social Economy.
The committee supports business-support measures, in particular business-consultancy and employee training , and access to funding for cooperatives, especially for employee or customer buyouts, as they are an underrated tool for saving enterprises at times of crisis and for the transfer of family enterprises. It also stresses the growing importance of cooperatives in the area of social services and public goods.
The report highlights the potential of the SCE for promoting gender equality through the implementation of policies and programmes at various levels, paying particular attention to education, vocational training, action to promote entrepreneurship and ongoing training programmes.
Lastly, Members stress the need to ensure cooperatives' input in the social dialogue at the EU level.
Documents
2011/11/23
EP - Committee opinion
Documents
2011/11/23
EP - Vote in committee
2011/10/19
EP - Amendments tabled in committee
Documents
2011/10/12
EP - Committee opinion
Documents
2011/08/30
EP - Committee draft report
Documents
2011/06/20
EP - REGNER Evelyn (S&D) appointed as rapporteur in JURI
2011/06/09
EP - Committee referral announced in Parliament
2011/05/25
EP - ESTRELA Edite (S&D) appointed as rapporteur in FEMM
2010/10/21
EP - GIEGOLD Sven (Verts/ALE) appointed as rapporteur in EMPL
2010/09/16
EC - Non-legislative basic document
Details
PURPOSE: to present a report on the review of Council Directive 2003/72/EC supplementing the Statute for a European cooperative society with regard to the involvement of employees.
CONTENT: the Commission presents a report on the review of Council Directive 2003/72/EC supplementing the Statute for a European cooperative society with regard to the involvement of employees. Council Regulation (EC) No 1435/2003 establishes a Statute for a European Cooperative Society (“SCE”) with a view to creating a uniform legal framework enabling cooperatives from different Member States to plan and carry out the reorganisation of their business on a Community scale. Council Directive 2003/72/EC (“the Directive”) supplements the Regulation as far as the involvement of employees is concerned, with the aim of providing for arrangements for the involvement of employees in every SCE, thereby ensuring that the establishment of an SCE does not entail the disappearance or reduction of practices of employee involvement that exist within the entities participating in its creation.
In preparation for this review, the Commission commissioned studies by independent experts and consulted with the Member States and the European Social Partners on these studies and the draft report.
Given the major similarities between the Directive and Council Directive 2001/86/EC on the involvement of employees in the European Company (the SE Directive) and the fact that certain Member States have transposed the Directive in the same instrument or by amendments to the legislation transposing Directive 2001/86/EC, the Commission refers to its review of the latter (see COM(2008)0591 ).
On horizontal issues relating to information and consultation rights, such as protection and guarantees to employee representatives or confidential information, the Commission also refers to its review of Directive 2002/14/EC establishing a general framework for informing and consulting employees (see COM(2008)0146 ).
Transposition : the report notes that the Directive has been transposed in all Member States only since March 2009. There is therefore a lack of experience in the practical application of the Directive. Furthermore, it is not a stand-alone piece of legislation. It complements the SCE Regulation and shows striking similarities with other directives governing the involvement of employees, such as the SE Directive. The Commission considers that the outcome of the evaluation of these directives and of the Regulation needs to be taken into account before launching any future revision process.
These conclusions are shared by all Member States and social partner who have expressed their views in the consultation process to draw up this report. It is necessary to inquire into the reasons for the very low take-up of the EU legal framework for cooperatives, before considering any moves towards a revision of the Directive.
The report has identified some issues that merit further consideration . These are as follows:
Absence of experience : as far as the Commission is aware, only seventeen SCEs had been established by 8 May 2010, none of which had a significant number of employees. Even if, according to organisations representing cooperatives, other SCEs were to be established, experience of both the implementation and the application of the Directive is lacking.
Complexity of the provisions : understanding the national implementing provisions of both the Regulation and the Directive may present a challenge to smaller organisations. As for the Directive, the existence of two different routes governing the involvement of employees in the SCE – negotiation or national rules - as well as the specific provisions on the participation in general assemblies needs to be properly understood. However, as Member States have quite literally transposed the Directive in specific laws, the implementation does not add to complexity. Moreover, social actors involved in the cooperative movement and in the trade union movement stress that the complexity lies instead in the statute, and they have taken actions since 2006, often with the financial support of the Union, designed to prepare the setting up of mechanisms for information, consultation and participation in SCEs.
Specificities of cooperatives : cooperatives differ from limited companies in several respects. They have their own legislation, which is different from company law in some Member States, and they may even be qualified as civil associations rather than companies under national law, with some specific laws applying to certain types of cooperatives (agricultural, housing, credit or health). As regards individual employment relationships, there are no apparent differences for the most relevant aspects. However, there are some specific features as regards collective relations, to account for the difference between workers who are members of the cooperative and those who are not. While these specificities raise no particular problems as regards information and consultation, they do present a more complex picture with regard to collective agreements or board-level participation. Some concerns have been raised by national cooperative movements that SCE may undermine the cooperative principles, but these concerns focus on the statute itself, not on employee involvement. Independent experts have identified a positive impact of the transposition of the Directive on labour law and on cooperative law.
Common issues on transnational involvement of employees : some issues are common to the various directives dealing with transnational involvement of employees and in particular to the Directive 2001/86/EC (the SE Directive). As to the misuse of procedures , the independent experts point out that several Member States have not transposed Article 13 of the Directive which requires Member States to take appropriate measures with a view to preventing the misuse of an SCE for the purpose of depriving employees of rights to employee involvement or of withholding such rights. As it had been the case for the SE Directive, the Commission deems this to be a potential cause of concern. The protection of participation rights where a European company or cooperative society converts into a company or cooperative of national statute has been raised in the context of the review of the SE Directive. To address this issue, Directive 2005/56/EC on cross-border mergers obliges the company to adopt a legal form that allows for the exercise of participation rights. Independent experts point to the absence of provisions in the Directive as regards the enforceability of the agreement on employee involvement. The recast of the Directive on European Works Councils led to fresh approaches in this area, as employee representatives will have the means required to apply the rights arising from the Directive to collectively represent the employees' interests. Issues relating to the key definitions of the Directive, such as "employees' representatives", "involvement of employees", "information", "consultation", "participation", and “participating legal entities" are raised in the same way as for other directives, particularly the SE Directive 2001/86/EC. There is a case for a more coherent approach to these definitions across the directives.
The Commission will continue monitoring the correct implementation of the Directive, and promoting capacity-building of stakeholders.
Documents
2010/09/16
EC - Non-legislative basic document published
Details
PURPOSE: to present a report on the review of Council Directive 2003/72/EC supplementing the Statute for a European cooperative society with regard to the involvement of employees.
CONTENT: the Commission presents a report on the review of Council Directive 2003/72/EC supplementing the Statute for a European cooperative society with regard to the involvement of employees. Council Regulation (EC) No 1435/2003 establishes a Statute for a European Cooperative Society (“SCE”) with a view to creating a uniform legal framework enabling cooperatives from different Member States to plan and carry out the reorganisation of their business on a Community scale. Council Directive 2003/72/EC (“the Directive”) supplements the Regulation as far as the involvement of employees is concerned, with the aim of providing for arrangements for the involvement of employees in every SCE, thereby ensuring that the establishment of an SCE does not entail the disappearance or reduction of practices of employee involvement that exist within the entities participating in its creation.
In preparation for this review, the Commission commissioned studies by independent experts and consulted with the Member States and the European Social Partners on these studies and the draft report.
Given the major similarities between the Directive and Council Directive 2001/86/EC on the involvement of employees in the European Company (the SE Directive) and the fact that certain Member States have transposed the Directive in the same instrument or by amendments to the legislation transposing Directive 2001/86/EC, the Commission refers to its review of the latter (see COM(2008)0591 ).
On horizontal issues relating to information and consultation rights, such as protection and guarantees to employee representatives or confidential information, the Commission also refers to its review of Directive 2002/14/EC establishing a general framework for informing and consulting employees (see COM(2008)0146 ).
Transposition : the report notes that the Directive has been transposed in all Member States only since March 2009. There is therefore a lack of experience in the practical application of the Directive. Furthermore, it is not a stand-alone piece of legislation. It complements the SCE Regulation and shows striking similarities with other directives governing the involvement of employees, such as the SE Directive. The Commission considers that the outcome of the evaluation of these directives and of the Regulation needs to be taken into account before launching any future revision process.
These conclusions are shared by all Member States and social partner who have expressed their views in the consultation process to draw up this report. It is necessary to inquire into the reasons for the very low take-up of the EU legal framework for cooperatives, before considering any moves towards a revision of the Directive.
The report has identified some issues that merit further consideration . These are as follows:
Absence of experience : as far as the Commission is aware, only seventeen SCEs had been established by 8 May 2010, none of which had a significant number of employees. Even if, according to organisations representing cooperatives, other SCEs were to be established, experience of both the implementation and the application of the Directive is lacking.
Complexity of the provisions : understanding the national implementing provisions of both the Regulation and the Directive may present a challenge to smaller organisations. As for the Directive, the existence of two different routes governing the involvement of employees in the SCE – negotiation or national rules - as well as the specific provisions on the participation in general assemblies needs to be properly understood. However, as Member States have quite literally transposed the Directive in specific laws, the implementation does not add to complexity. Moreover, social actors involved in the cooperative movement and in the trade union movement stress that the complexity lies instead in the statute, and they have taken actions since 2006, often with the financial support of the Union, designed to prepare the setting up of mechanisms for information, consultation and participation in SCEs.
Specificities of cooperatives : cooperatives differ from limited companies in several respects. They have their own legislation, which is different from company law in some Member States, and they may even be qualified as civil associations rather than companies under national law, with some specific laws applying to certain types of cooperatives (agricultural, housing, credit or health). As regards individual employment relationships, there are no apparent differences for the most relevant aspects. However, there are some specific features as regards collective relations, to account for the difference between workers who are members of the cooperative and those who are not. While these specificities raise no particular problems as regards information and consultation, they do present a more complex picture with regard to collective agreements or board-level participation. Some concerns have been raised by national cooperative movements that SCE may undermine the cooperative principles, but these concerns focus on the statute itself, not on employee involvement. Independent experts have identified a positive impact of the transposition of the Directive on labour law and on cooperative law.
Common issues on transnational involvement of employees : some issues are common to the various directives dealing with transnational involvement of employees and in particular to the Directive 2001/86/EC (the SE Directive). As to the misuse of procedures , the independent experts point out that several Member States have not transposed Article 13 of the Directive which requires Member States to take appropriate measures with a view to preventing the misuse of an SCE for the purpose of depriving employees of rights to employee involvement or of withholding such rights. As it had been the case for the SE Directive, the Commission deems this to be a potential cause of concern. The protection of participation rights where a European company or cooperative society converts into a company or cooperative of national statute has been raised in the context of the review of the SE Directive. To address this issue, Directive 2005/56/EC on cross-border mergers obliges the company to adopt a legal form that allows for the exercise of participation rights. Independent experts point to the absence of provisions in the Directive as regards the enforceability of the agreement on employee involvement. The recast of the Directive on European Works Councils led to fresh approaches in this area, as employee representatives will have the means required to apply the rights arising from the Directive to collectively represent the employees' interests. Issues relating to the key definitions of the Directive, such as "employees' representatives", "involvement of employees", "information", "consultation", "participation", and “participating legal entities" are raised in the same way as for other directives, particularly the SE Directive 2001/86/EC. There is a case for a more coherent approach to these definitions across the directives.
The Commission will continue monitoring the correct implementation of the Directive, and promoting capacity-building of stakeholders.
Documents
Documents
- Commission response to text adopted in plenary: SP(2012)387
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T7-0071/2012
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary: A7-0432/2011
- Committee opinion: PE472.241
- Amendments tabled in committee: PE473.786
- Committee opinion: PE470.093
- Committee draft report: PE469.787
- Non-legislative basic document: COM(2010)0481
- Non-legislative basic document: EUR-Lex
- Non-legislative basic document published: COM(2010)0481
- Non-legislative basic document published: EUR-Lex
- Non-legislative basic document: COM(2010)0481 EUR-Lex
- Committee draft report: PE469.787
- Committee opinion: PE470.093
- Amendments tabled in committee: PE473.786
- Committee opinion: PE472.241
- Commission response to text adopted in plenary: SP(2012)387
Activities
- Luís Paulo ALVES
Plenary Speeches (8)
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- Alexander MIRSKY
Plenary Speeches (8)
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- Maria do Céu PATRÃO NEVES
Plenary Speeches (8)
- 2016/11/22 Explanations of vote
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- Sophie AUCONIE
Plenary Speeches (7)
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- Ioan ENCIU
Plenary Speeches (7)
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- Diogo FEIO
Plenary Speeches (7)
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- Philippe JUVIN
Plenary Speeches (7)
- 2016/11/22 Explanations of vote
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- David MARTIN
Plenary Speeches (7)
- 2016/11/22 Explanations of vote
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- Rolandas PAKSAS
Plenary Speeches (7)
- 2016/11/22 Explanations of vote
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- Raül ROMEVA i RUEDA
Plenary Speeches (7)
- 2016/11/22 Explanations of vote
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- Nuno TEIXEIRA
Plenary Speeches (7)
- 2016/11/22 Explanations of vote
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- Inês Cristina ZUBER
Plenary Speeches (7)
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- Laima Liucija ANDRIKIENĖ
Plenary Speeches (6)
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- Zigmantas BALČYTIS
Plenary Speeches (6)
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- Alain CADEC
Plenary Speeches (6)
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- Viorica DĂNCILĂ
Plenary Speeches (6)
- 2016/11/22 Explanations of vote
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- 2016/11/22 Statute for a European cooperative society with regard to the involvement of employees (short presentation)
- Edite ESTRELA
Plenary Speeches (6)
- 2016/11/22 Explanations of vote
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- 2016/11/22 Statute for a European cooperative society with regard to the involvement of employees (short presentation)
- Juozas IMBRASAS
Plenary Speeches (6)
- 2016/11/22 Explanations of vote
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- Michał Tomasz KAMIŃSKI
Plenary Speeches (6)
- 2016/11/22 Explanations of vote
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- Mario MAURO
Plenary Speeches (6)
- 2016/11/22 Explanations of vote
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- Sergio Paolo Francesco SILVESTRIS
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- Silvia-Adriana ȚICĂU
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- Timothy Charles Ayrton TANNOCK
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- Georgios PAPANIKOLAOU
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- Marie-Thérèse SANCHEZ-SCHMID
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- Konrad SZYMAŃSKI
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- Georgios TOUSSAS
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- Dominique VLASTO
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Votes
A7-0432/2011 - Sven Giegold - Am 1 #
2012/03/13 Outcome: +: 441, -: 216, 0: 22
ECR
NI
GUE/NGL| Amendments | Dossier |
| 99 |
2011/2116(INI)
2011/10/19
EMPL
99 amendments...
Amendment 1 #
Motion for a resolution Recital A A. whereas cooperative enterprises promote the interests of their members and users as well as solutions to societal challenges,
Amendment 1 #
Draft opinion Paragraph 1 1. Highlights the potential of the SCE for promoting gender equality through the implementation of policies and programmes
Amendment 10 #
Motion for a resolution Recital B B. whereas cooperatives are an important pillar of the European economy and a key driver for social innovation, and whereas Europe has 160 000 cooperatives, owned by more than a quarter of all Europeans, which provide work for around 5.4 million employees, whereas it is important to remove barriers to trade by promoting the adaptation of production facilities to a Community-scale market and developing cross-border activities that can support a European social model of full employment, quality and inclusion,
Amendment 10 #
Draft opinion Paragraph 3a (new) 3a. Calls on the Commission to carry out an assessment of women's representation in the SNBs of SCEs and of the measures taken by the sector and by Member States to improve their representation;
Amendment 11 #
Motion for a resolution Recital B a (new) Ba. whereas cooperatives compete with investor-driven companies in many economic areas, whereas cooperative enterprises have considerable economic power on globalised markets and even multinational cooperatives often remain linked to local needs,
Amendment 11 #
Draft opinion Paragraph 4 4. Calls on the Commission and the Member States to encourage cooperatives to intensify their efforts to increase the
Amendment 12 #
Motion for a resolution Recital C C. whereas cooperative enterprises
Amendment 12 #
Draft opinion Paragraph 4a (new) 4a. Urges the Commission to include SCEs in the possible European regulations in order to guarantee that women are better represented at senior management levels and on the boards of public and listed companies, in the event that companies do not voluntarily achieve the targets of 30% by 2015 and 40% by 2020;
Amendment 13 #
Motion for a resolution Recital C C. whereas cooperative banks have shown high levels of sustainability and resilience during the financial crisis, thanks to their cooperative business model, whereas cooperative enterprises also provide high- quality, inclusive and crisis-
Amendment 13 #
Draft opinion Paragraph 5 5. Calls on the Commission to take account of the importance of entrepreneurship in the social economy and the gender perspective when monitoring
Amendment 14 #
Motion for a resolution Recital C C. whereas cooperative enterprises also provide high-quality, inclusive and crisis- resilient employment, often with high ratios of female and migrant employment
Amendment 15 #
Motion for a resolution Recital C C. whereas cooperative enterprises also provide high-quality, inclusive and crisis- resilient employment, often with high ratios of female and migrant employment and contribute towards the sustainable economic and social development of an area by providing local, non-relocatable jobs; whereas, thanks to their cooperative business model, they increased turnover and growth during the crisis, with fewer bankruptcies and redundancies,
Amendment 16 #
Motion for a resolution Recital C a (new) Ca. whereas the EU 2020 strategy calls for an economy based on high levels of employment, delivering economic, social and territorial cohesion, whereas this includes a strong social economy,
Amendment 17 #
Motion for a resolution Recital C a (new) Ca. whereas cooperative enterprises are often at the forefront in combating all forms of discrimination and act as a means of social reintegration owing to a more benevolent staff recruitment and management policy than that of the average enterprise;
Amendment 18 #
Motion for a resolution Recital C b (new) Cb. whereas, in European Cooperative Societies (CSE), the transnational involvement of employees, including their right to participate on administrative boards, is an asset;
Amendment 19 #
Motion for a resolution Recital D D. whereas legislation regarding cooperatives and employee participation varies across the EU and employee participation and entrepreneurship has a strategic role in the development of the European economy, but, as yet, there is no transparent regulatory framework to define the role of member worker,
Amendment 2 #
Motion for a resolution Recital A A. whereas cooperative enterprises should promote the interests of their members and users as well as solutions to societal challenges, and do not seek to maximise financial profit for shareholders
Amendment 2 #
Draft opinion Paragraph 1 1. Highlights the potential of the SCE for promoting gender equality through the implementation of policies and programmes, training and education and
Amendment 20 #
Motion for a resolution Recital D D. whereas legislation regarding cooperatives and employee participation varies substantially across the EU,
Amendment 21 #
Motion for a resolution Recital E a (new) Ea. whereas the establishment of an SCE statute aims at encouraging the development of the internal market by facilitating the activity of this type of company at EU level,
Amendment 22 #
Motion for a resolution Recital F F. whereas the introduction of the statute for an SCE is a milestone in the recognition of the cooperative business model at EU level, also in those Member States where the concept of cooperatives has been discredited for historical reasons and owing to competing economic pressures,
Amendment 23 #
Motion for a resolution Recital F a (new) Fa. whereas the United Nations International Year of Cooperatives 2012 provides an excellent opportunity to promote the cooperative business model,
Amendment 24 #
Motion for a resolution Recital F a (new) Fa. whereas the financial and economic crisis has shown that the issue of the attractiveness of a legal form cannot be answered from the sole point of view of the shareholders; whereas it should be noted that, as a social organisation, an enterprise has responsibilities towards shareholders, employees, creditors and society and this fact should be taken into account in such evaluations;
Amendment 25 #
Motion for a resolution Paragraph 1 Amendment 26 #
Motion for a resolution Paragraph 1 1. Recalls that cooperatives a
Amendment 27 #
Motion for a resolution Paragraph 1 1. Recalls that cooperatives and other social economy enterprises are part of the European social model and
Amendment 28 #
Motion for a resolution Paragraph 1 1. Recalls that cooperatives and other social economy enterprises are part of the European social model and the single market and therefore deserve
Amendment 29 #
Motion for a resolution Paragraph 1 a (new) 1a. Recognises that cooperative companies operate in a capitalist free market and therefore through competition with privately owned and other profit maximising companies come under competitive pressures to cut the pay and conditions of its workforce; therefore calls on full trade union rights for workers in cooperative companies so they can organise to defend their pay and conditions;
Amendment 3 #
Motion for a resolution Recital A A. whereas cooperative enterprises promote the interests of their members and
Amendment 3 #
Draft opinion Paragraph 1 1. Highlights the potential of the SCE for promoting gender equality through the implementation of policies and programmes, training and education and decent work at various levels; calls on the Commission to design a mechanism for the exchange of best gender equality practices between the Member States;
Amendment 30 #
Motion for a resolution Paragraph 1 a (new) 1a. Recalls that cooperatives could constitute another step in the completion of the EU internal market and aim to reduce existing cross-border obstacles and enhance its competitiveness;
Amendment 31 #
Motion for a resolution Paragraph 3 3.
Amendment 32 #
Motion for a resolution Paragraph 3 3.
Amendment 33 #
Motion for a resolution Paragraph 3 3. Views with regret the fact that the SCE is not yet a success given its scarce use
Amendment 34 #
Motion for a resolution Paragraph 3 3. Views with regret the fact that the SCE is not yet a success given its scarce use - until 2010 only 17 SCEs had been established, with a total of 32 employees14; emphasises that these stark figures show the Statute to be poorly suited to the specific circumstances of cooperative societies in Europe; takes the view that an in-depth assessment should be conducted of the Statute in order to ascertain why it is proving unattractive;
Amendment 35 #
Motion for a resolution Paragraph 3 3. Views with regret the fact that the SCE is not yet a success given its scarce use - until 2010 only 17 SCEs had been established, with a total of 32 employees14; points out that the main reason for this is the lack of experience in applying the Directive;
Amendment 36 #
Motion for a resolution Paragraph 3 a (new) 3a. Stresses the great importance of investigating the reasons for which the SCE has had such little impact and of taking action accordingly to deal with obstacles to its success;
Amendment 37 #
Motion for a resolution Paragraph 4 4. Notes that the use of the SCE is often restricted to second-degree cooperatives consisting of legal persons only, also by mutual societies, which lack a European statute but wish to use a legal status associated with the social economy;
Amendment 38 #
Motion for a resolution Paragraph 4 4. Notes that the use of the SCE is often restricted to second-degree cooperatives consisting of legal persons only and that hence it mainly benefits large companies and remains difficult for small cooperative societies to access, despite their being in the majority in Europe;
Amendment 39 #
Motion for a resolution Paragraph 4 a (new) 4a. Deplores that fact that some national- level and European cooperatives are founded only to reduce the rights and involvement of employees;
Amendment 4 #
Motion for a resolution Recital A A. whereas cooperative enterprises and other legal forms of enterprises promote the interests of their members and users as well as solutions to societal challenges, and
Amendment 4 #
Draft opinion Paragraph 1 1. Highlights the potential of the SCE for promoting gender equality through the implementation of policies and programmes, training and education and decent work at various levels; stresses, further, that some aspects of cooperative work provide flexibility that makes it easier to reconcile family and professional life;
Amendment 40 #
Motion for a resolution Paragraph 4 a (new) 4a. Notes that large national cooperatives often operate as a holding group and that their cross-border operational activities often take the shape of subsidiaries with other legal forms (public limited companies, private limited companies, etc.); notes, therefore, that there is little need or incentive to change this form of enterprise into a European cooperative;
Amendment 41 #
Motion for a resolution Paragraph 5 5. Welcomes the fact that employee participation provisions are considered a core element in the SCE;
Amendment 42 #
Motion for a resolution Paragraph 5 5. Welcomes the fact that employee participation provisions are considered a core element in the SCE;
Amendment 43 #
Motion for a resolution Paragraph 5 5.
Amendment 44 #
Motion for a resolution Paragraph 5 a (new) 5a. Notes that Article 17 of the Directive requires the Commission to assess its implementation and, if needed, revise it; stresses that the modest use of the Statute impedes proper evaluation of the Directive;
Amendment 45 #
Motion for a resolution Paragraph 5 a (new) 5a. Aims for employee involvement in enterprises to be taken for granted in all Member States of the European Union; advocates greater employee involvement in cross-border forms of enterprise rather than remaining at the level of the lowest common denominator;
Amendment 46 #
Motion for a resolution Paragraph 5 a (new) 5a. Calls on the revision of the Directive to guarantee the right of all workers working in cooperatives, or in subsidiaries of cooperatives, to organise in trade unions; furthermore calls on the revision of the Directive to fully guarantee the rights of workers to collective bargaining including the right of workers to have their trade unions recognised by company management and the right to take industrial action;
Amendment 47 #
Motion for a resolution Paragraph 5 a (new) 5a. Stresses that future European SCE initiatives and measures must be centred on transparency, protection of stakeholders' rights and respect for national customs and traditions; the contribution of the social partners is of great importance in this respect;
Amendment 48 #
Motion for a resolution Paragraph 5 b (new) 5b. Notes the existence of a number of gaps regarding the transposition of the directive at national level in respect of monitoring and the implementation of worker participation procedures; stresses the great importance of remedying these omissions effectively so as to prevent abuse of SCE arrangements in such a way as to withhold or deny the right of worker participation;
Amendment 49 #
Motion for a resolution Paragraph 6 6. Notes that the Directive should not be revised before the Statute, asks to consider the insertion of the provisions on employee participation directly in the Statute for the sake of simplification and smarter regulation;
Amendment 5 #
Motion for a resolution Recital A a (new) Aa. whereas cooperative enterprises, by their nature, are structurally linked to the area in which they are based and therefore play an important part in accelerating local development, which is a decisive factor in generating genuine social, economic and territorial cohesion; whereas, in cooperative societies, the financing of continuing training in the fields of social responsibility and entrepreneurship, which are two areas not fully covered by other instruments of social participation, is of fundamental importance,
Amendment 5 #
Draft opinion Paragraph 1a (new) 1a. Stresses that the SCE can respond to women's needs, improving their standard of living through access to decent work opportunities, savings and loan institutions, housing and social services, education and training;
Amendment 50 #
Motion for a resolution Paragraph 6 – a (new) 6a. Views with regret the fact that the standard rules on the participation of workers in administrative bodies do not make worker participation a requirement;
Amendment 51 #
Motion for a resolution Paragraph 7 7.
Amendment 52 #
Motion for a resolution Paragraph 7 a (new) 7a. Points out that, when revising the Directive, it should be taken into account that cooperatives, particularly in rural areas, can contribute to providing employment prospects in the shape of secure jobs and allow employees to plan their life flexibly at their place of origin;
Amendment 53 #
Motion for a resolution Paragraph 8 8. Stresses that, owing to its complexity, the Statute
Amendment 54 #
Motion for a resolution Paragraph 8 8. Stresses that, owing to its complexity, the Statute does not meet the needs of cooperatives and that it should be simplified in
Amendment 55 #
Motion for a resolution Paragraph 8 8. Stresses that, owing to its complexity, the Statute does not meet the needs of cooperatives and that it should be simplified in order to make it more user- friendly, easily understood and better applicable, thus ensuring the rights of information, consultation and participation of all employees;
Amendment 56 #
Motion for a resolution Paragraph 8 8. Stresses that, owing to its complexity, the Statute does not meet the needs of
Amendment 57 #
Motion for a resolution Paragraph 8 8. Stresses that, owing to its complexity, the Statute does not meet the needs of cooperatives and that it should be simplified and made intelligible to all in order to make it more user-
Amendment 58 #
Motion for a resolution Paragraph 8 a (new) 8a. Emphasises that the Statute for a European Cooperative Society should not be made more attractive by reducing standards;
Amendment 59 #
Motion for a resolution Paragraph 8 a (new) 8a. Stresses that the option of merging national cooperatives from different Member States should be created;
Amendment 6 #
Motion for a resolution Recital A b (new) Ab. whereas, in cooperative enterprises, the participation of the enterprise’s members has to take precedence and be reflected in the governance and ownership structure of the cooperative,
Amendment 6 #
Draft opinion Paragraph 1 a (new) 1a. Regrets the present limited number of SCEs; calls on the Commission to pay more particular attention to the problems encountered in setting up SCEs and calls for a targeted, effective and comprehensive communication and information campaign on the SCE for the various stakeholders, focusing on local, regional, national and European information for women;
Amendment 60 #
Motion for a resolution Paragraph 8 a (new) 8a. Stresses those areas for possible reform and simplification of the Statute have to be tackled without jeopardising essential guarantees for transparency;
Amendment 61 #
Motion for a resolution Paragraph 8 a (new) 8a. Emphasises that existing co- determination and participation rights within a cooperative society do not have to be reduced by a transformation or merger;
Amendment 62 #
Motion for a resolution Paragraph 9 9. Draws attention to the diversity of traditions and laws on cooperatives across the EU; stresses that the Statute should provide for an autonomous legal framework for SCEs alongside existing national law on cooperatives and that direct harmonisation is thus not taking place;
Amendment 63 #
Motion for a resolution Paragraph 10 10. Insists on the
Amendment 64 #
Motion for a resolution Paragraph 10 10. Insists on the full involvement of all stakeholders in the revision process, especially social actors involved in the cooperative and trade union movement;
Amendment 65 #
Motion for a resolution Paragraph 10 10. Insists on the full involvement of all stakeholders in the revision process, while also highlighting the need to complete the process in a timely manner;
Amendment 66 #
Motion for a resolution Paragraph 10 a (new) 10a. Is of the opinion that the review of the Statute must facilitate a furthering of the recognition of this type of society in the EU; emphasises that the economic weight of cooperative societies, their crisis-resilience and the values on which they are based clearly show them to be relevant in the EU of today;
Amendment 67 #
Motion for a resolution Paragraph –11 a (new) -11a. Expects from the Commission to take appropriate measures in order to ensure a full implementation of the directive;
Amendment 68 #
Motion for a resolution Paragraph 13 13. Deplores the fact that, of this list of commitments, only three have been put into practice, with no significant results; stresses that s
Amendment 69 #
Motion for a resolution Paragraph 13 a (new) 13a. Calls on the Commission to foster more favourable conditions for cooperatives, such as access to credit and tax incentives;
Amendment 7 #
Motion for a resolution Recital B B. whereas cooperatives are an important pillar of
Amendment 7 #
Draft opinion Paragraph 2 2. Calls on the Commission to deliver a study presenting updated, comparable, gender-disaggregated data in order to make
Amendment 70 #
Motion for a resolution Paragraph 14 Amendment 71 #
Motion for a resolution Paragraph 14 Amendment 72 #
Motion for a resolution Paragraph 14 14. Points out that a lack of resources leads to a lack of results; stresses the need for urgent improvements within the Commission in terms of organisation and the resources devoted to the social economy
Amendment 73 #
Motion for a resolution Paragraph 14 14. Points out that
Amendment 74 #
Motion for a resolution Paragraph 14 a (new) 14a. Is convinced that the EU policy concerning social objectives is to guarantee that cooperatives can prosper alongside traditional companies and businesses;
Amendment 75 #
Motion for a resolution Paragraph 15 15. Stresses that EU policies in all areas need to recognise the specificities and added value of social economy enterprises, including cooperative enterprises
Amendment 76 #
Motion for a resolution Paragraph 15 15. Stresses that EU policies
Amendment 77 #
Motion for a resolution Paragraph 15 15. Stresses that EU policies in all areas need to recognise the specificities and added value of social economy enterprises, including cooperative enterprises, specifically by adapting appropriate legislation on public procurement, State aid and financial regulation so as to formally acknowledge those specificities by excluding such enterprises from the scope of single market rules;
Amendment 78 #
Motion for a resolution Paragraph 15 a (new) 15a. Calls on the Commission to take into account and provide solution to the fact that several Member States have not transposed certain Articles of the Directive, concerning employees' rights to employee involvement;
Amendment 79 #
Motion for a resolution Paragraph 17 a (new) 17a. Points out that the cooperative as a form of organisation can be seen as a successful and contemporary approach to the social economy;
Amendment 8 #
Motion for a resolution Recital B B. whereas cooperatives geared towards the private economy are an important pillar of the European economy and
Amendment 8 #
Draft opinion Paragraph 3 3. Regrets that some Member States still do not comply with Directive 2003/72/EC in terms of promoting gender balance in the method used for electing or appointing the members of the special negotiating body (SNB) of the SCE and calls on the Commission to take the necessary steps to ensure that this Directive is transposed as swiftly as possible;
Amendment 80 #
Motion for a resolution Paragraph 17 a (new) 17a. Calls on the Commission to consider a European Year of Social Economy;
Amendment 81 #
Motion for a resolution Paragraph 18 18. Urges the Commission to come up with a framework for the social economy involving both the Member States and stakeholders in order to encourage exchanges of best practices and bring about a gradual improvement in the relevant rules and practices
Amendment 82 #
Motion for a resolution Paragraph 18 18. Urges the Commission to come up with a framework for the social economy, and specifically for cooperative enterprises, which are key players in this sector, involving both the Member States and stakeholders in order to encourage exchanges of best practices and bring about a gradual improvement in the relevant rules and practices, in particular in the areas of taxation, loans, administrative burdens, consulting and business-support measures;
Amendment 83 #
Motion for a resolution Paragraph 18 a (new) 18a. Points to the specific challenges created by the digital revolution which face the media sector, and particularly publishers operating as cooperatives;
Amendment 84 #
Motion for a resolution Paragraph 19 19.
Amendment 85 #
Motion for a resolution Paragraph 19 a (new) 19a. Stresses the growing importance of cooperatives in the area of social services and public goods; stresses the need to ensure decent working conditions and to address the health and safety related issues in this sector regardless of the status of the employer;
Amendment 86 #
Motion for a resolution Paragraph 19 b (new) 19b. Stresses the need to ensure cooperatives' input in the social dialogue at the EU level;
Amendment 9 #
Motion for a resolution Recital B B. whereas cooperatives are an important pillar of the European economy and a key driver for social innovation, and thus in particular preserve infrastructure and local services specifically in rural areas and conurbations, and whereas Europe has 160 000 cooperatives, owned by more than a quarter of all Europeans, which provide work for around 5.4 million employees;
Amendment 9 #
Draft opinion Paragraph 3 3. Regrets that some Member States still do not comply with Directive 2003/72/EC in terms of promoting gender balance in the method used
source: PE-473.786
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