2016/2237(INL) Statute for social and solidarity-based enterprises
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | JURI |
MAŠTÁLKA Jiří ( GUE/NGL)
|
RADEV Emil ( PPE),
ROZIÈRE Virginie ( S&D),
DZHAMBAZKI Angel ( ECR),
CAVADA Jean-Marie ( ALDE)
|
| Committee Opinion | EMPL |
BECKER Heinz K. ( PPE)
|
Laura AGEA ( EFDD),
Marian HARKIN ( ALDE),
Tamás MESZERICS ( Verts/ALE),
Jana ŽITŇANSKÁ ( ECR)
|
Lead committee dossier:
Legal Basis:
RoP 47
Legal Basis:
RoP 47Subjects
Events
2018/11/08
Commission response to text adopted in plenary
Documents
2018/07/05
EP - Results of vote in Parliament
Documents
2018/07/05
EP - Decision by Parliament, 1st reading/single reading
Details
The European Parliament adopted, by 398 votes to 78, with 44 abstentions, a resolution containing recommendations to the Commission on a statute for social and solidarity-based enterprises.
Importance of the social economy : Members recalled that the social and solidarity-based economy makes a major contribution to the Union economy. Parliament highlighted in its resolutions of 19 February 2009, 20 November 2012 and 10 September 2015 , that the social and solidarity-based economy provides employment for more than 14 million people, which represents around 6.5 % of workers in the EU and 10 % of EU undertakings. The mutual societies operating in the healthcare and social assistance sectors in the Union employ 8.6 million people and provide support to 120 million citizens. These mutual societies have a market share of 24 % and generate over 4 % of the Union GDP.
Members stressed that sector has proved particularly resilient to the economic and financial crisis and has potential for social and technological innovation, decent, inclusive, local and sustainable job creation, fostering economic growth, environmental protection and strengthening social, economic and regional cohesion.
Diversity of the sector : there are substantial differences among Member States in the way they regulate social and solidarity-based enterprises and the organisational forms available to social entrepreneurs under their legal systems. This diversity and the innovative character of certain of these legal forms indicate that it will be difficult to find consensus in Europe as to whether it is convenient or necessary at the present moment to set up at EU level a specific legal form of social enterprise.
This is why Members suggested adopting a more cautious approach that they consider could help build more political consensus and, more importantly, that can have substantial benefits for social enterprises.
European label : Parliament considered it desirable to move towards better recognition of the term ‘social and solidarity-based enterprise’. The Commission is requested 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 economy label for enterprises based on the social economy and solidarity.
The legislative act should aim to create an optional European social economy label for enterprises based on the social economy and solidarity, regardless of the legal form they decide to adopt in accordance with national legislation.
The label should only be awarded to enterprises complying with the following criteria in a cumulative manner:
the organisation should be a private law entity established in whichever form available in Member States and under EU law, and should be independent from the State and public authorities; its purpose must be essentially focused on the general interest or public utility ; it should essentially conduct a socially useful and solidarity-based activity, i.e. via its activities it should aim to provide support to vulnerable groups, to combat social exclusion, inequality and violations of fundamental rights, including at the international level, or to help protect the environment, biodiversity, the climate and natural resources; it should be subject to an at least partial constraint on profit distribution and to specific rules on the allocation of profits and assets during its entire life; in any case, the majority of the profits made by the undertaking should be reinvested or otherwise used to achieve its social purpose; it should be governed in accordance with democratic governance models involving its employees, customers and stakeholders affected by its activities.
In addition, the legislative act should:
establish a mechanism of certification and of supervision and monitoring of the legal label with the involvement of Member States and representatives of the social economy; be valid in all Member States . An enterprise bearing that label should be recognised as a social and solidarity-based enterprise in all Member States; require social and solidarity-based enterprises willing to maintain the label to issue on an annual basis a social report on their activities, results, involvement of stakeholders, allocation of profits, salaries, subsidies, and other benefits received; authorise the Commission to establish guidelines regarding good practices for social and solidarity-based enterprises in Europe; include a list of legal forms in Member States of enterprises and undertakings qualifying for the European social economy label. The list should be published on the European Commission website.
Increasing support : Parliament stressed the need to support social and solidarity economy enterprises with sufficient funding , as their financial viability is crucial for their survival. The Commission is invited to promote the European social economy label and to highlight the beneficial social and economic effects of social and solidarity economy enterprises, to better integrate the social economy into relevant EU legislation, policies and programmes and to explore the possibility of creating a line of financing to support innovation in enterprises based on the social economy and solidarity.
Lastly, Parliament strongly emphasised that the rules on how social and solidarity-based enterprises operate must respect the principles of fair competition and must not permit unfair competition, in order to allow proper functioning of traditional small and medium-sized enterprises.
Documents
2018/07/05
EP - End of procedure in Parliament
2018/06/27
EP - Committee report tabled for plenary, single reading
Details
The Committee on Legal Affairs adopted a report by Jiří MAŠTÁLKA (GUE/NGL, CZ) with recommendations to the Commission on a Statute for social and solidarity-based enterprises.
The Committee on Employment and Social Affairs, exercising its prerogative as an associated committee in accordance with Article 54 of the Rules of Procedure, also gave its opinion on the report.
The social and solidarity-based economy makes a major contribution to the Union economy . Parliament highlighted in its resolutions of 19 February 2009, 20 November 2012 and 10 September 2015 , that the social and solidarity-based economy provides employment for more than 14 million people, which represents around 6.5 % of workers in the EU and 10 % of EU undertakings.
Members stressed that sector has proved particularly resilient to the economic and financial crisis and has potential for social and technological innovation, decent, inclusive, local and sustainable job creation, fostering economic growth, environmental protection and strengthening social, economic and regional cohesion.
There are substantial differences among Member States in the way they regulate social and solidarity-based enterprises and the organisational forms available to social entrepreneurs under their legal systems. This diversity and the innovative character of certain of these legal forms indicate that it will be difficult to find consensus in Europe as to whether it is convenient or necessary at the present moment to set up at EU level a specific legal form of social enterprise.
This is why Members suggested adopting a more cautious approach that they consider could help build more political consensus and, more importantly, that can have substantial benefits for social enterprises.
The Commission is requested 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 economy label for enterprises based on the social economy and solidarity.
The legislative act should aim to create an optional European social economy label for enterprises based on the social economy and solidarity, regardless of the legal form they decide to adopt in accordance with national legislation.
The label should only be awarded to enterprises complying with the following criteria in a cumulative manner:
the organisation should be a private law entity established in whichever form available in Member States and under EU law, and should be independent from the State and public authorities; its purpose must be essentially focused on the general interest or public utility ; it should essentially conduct a socially useful and solidarity-based activity, i.e. via its activities it should aim to provide support to vulnerable groups, to combat social exclusion, inequality and violations of fundamental rights, including at the international level, or to help protect the environment, biodiversity, the climate and natural resources; it should be subject to an at least partial constraint on profit distribution and to specific rules on the allocation of profits and assets during its entire life; in any case, the majority of the profits made by the undertaking should be reinvested or otherwise used to achieve its social purpose; it should be governed in accordance with democratic governance models involving its employees, customers and stakeholders affected by its activities.
In addition, the legislative act should:
establish a mechanism of certification and of supervision and monitoring of the legal label with the involvement of Member States and representatives of the social economy; be valid in all Member States . An enterprise bearing that label should be recognised as a social and solidarity-based enterprise in all Member States; require social and solidarity-based enterprises willing to maintain the label to issue on an annual basis a social report on their activities, results, involvement of stakeholders, allocation of profits, salaries, subsidies, and other benefits received; authorise the Commission to establish guidelines regarding good practices for social and solidarity-based enterprises in Europe; include a list of legal forms in Member States of enterprises and undertakings qualifying for the European social economy label. The list should be published on the European Commission website.
Lastly, the Commission should ensure that its policies reflect the commitment to create an ecosystem for social enterprises and take steps to promote cooperation between social enterprises and solidarity-based enterprises across national and sectoral boundaries.
Documents
2018/06/20
EP - Vote in committee, 1st reading/single reading
2018/05/23
EP - Committee opinion
Documents
2018/01/17
EP - Amendments tabled in committee
Documents
2017/10/23
EP - Committee draft report
Documents
2016/10/12
EP - MAŠTÁLKA Jiří (GUE/NGL) appointed as rapporteur in JURI
2016/10/06
EP - Committee referral announced in Parliament, 1st reading/single reading
2016/10/06
EP - Referral to associated committees announced in Parliament
2016/04/14
EP - BECKER Heinz K. (PPE) appointed as rapporteur in EMPL
Documents
- Commission response to text adopted in plenary: SP(2018)630
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T8-0317/2018
- Committee report tabled for plenary, single reading: A8-0231/2018
- Committee opinion: PE615.243
- Amendments tabled in committee: PE616.605
- Committee draft report: PE612.248
- Committee draft report: PE612.248
- Amendments tabled in committee: PE616.605
- Committee opinion: PE615.243
- Commission response to text adopted in plenary: SP(2018)630
Votes
A8-0231/2018 - Jiří Maštálka - Résolution 05/07/2018 12:44:58.000 #
2018/07/05 Outcome: +: 398, -: 78, 0: 44
NI
ENF| Amendments | Dossier |
| 286 |
2016/2237(INL)
2018/01/17
JURI
165 amendments...
Amendment 1 #
Motion for a resolution Citation –1 (new) -1 having regard to its declaration of 10 March 2011 on establishing European statutes for mutual societies, associations and foundations,
Amendment 10 #
Motion for a resolution Recital A a (new) 4a. whereas the Strasbourg Declaration of January 2014 highlights the need for social enterprises to play a bigger role in the future of Europe and stresses the importance of unlocking their potential for smart, sustainable and inclusive growth.
Amendment 100 #
Motion for a resolution Paragraph 1 1. Calls on the Commission to assess the utility of introduc
Amendment 101 #
Motion for a resolution Paragraph 2 2. Considers that the ‘European social label’ should be available for private organisations and entities that satisfy
Amendment 102 #
Motion for a resolution Paragraph 2 2. Considers that the ‘European social label’ should be available for organisations that
Amendment 103 #
Motion for a resolution Paragraph 2 2. Considers that
Amendment 104 #
Motion for a resolution Paragraph 3 Amendment 105 #
Motion for a resolution Paragraph 3 3. Considers that the legal requirements for acquiring and maintaining the European Social label should be identified by reference to certain features and common criteria, in particular those laid down in the annex to this resolution;
Amendment 106 #
Motion for a resolution Paragraph 3 Amendment 107 #
Motion for a resolution Paragraph 4 Amendment 108 #
Motion for a resolution Paragraph 4 4. Is of the opinion that
Amendment 109 #
Motion for a resolution 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 governed by private-law and 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 11 #
Motion for a resolution Recital A b (new) Ab. whereas Parliament highlighted, in its resolutions of 19 February 2009, 20 November 2012 and 10 September 2015, that the social and solidarity-based economy provides employment for more than 14 million people, which represents around 6.5% of workers in the EU and 10% of EU undertakings.
Amendment 110 #
Motion for a resolution 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
Amendment 111 #
Motion for a resolution Paragraph 5 5. Considers that a mechanism should be established in cooperation with Member States for the protection of the European social label and the prevention of the establishment and operation of ‘false’ social enterprises; this mechanism should ensure that enterprises bearing the European social label are monitored regularly regarding their compliance with the provisions set out in the label and apply effective and proportionate penalties for improperly obtaining or using the label;
Amendment 112 #
Motion for a resolution Paragraph 5 5. Considers that
Amendment 113 #
Motion for a resolution Paragraph 6 Amendment 114 #
Motion for a resolution 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 and should
Amendment 115 #
Motion for a resolution Paragraph 6 6. Considers that social-economy enterprises bearing the European social label should be recognised as such in all Member States in which they carry out their
Amendment 116 #
Motion for a resolution Paragraph 6 6. Considers that
Amendment 117 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to ensure that its policies reflect the commitment to create an eco-system for social enterprises; calls on the Commission in this regard to carry out, in cooperation with Member States and the social enterprise sector, a
Amendment 118 #
Motion for a resolution 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 119 #
Motion for a resolution Paragraph 8 Amendment 12 #
Motion for a resolution 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
Amendment 120 #
Motion for a resolution Paragraph 8 8. Calls on the Commission to establish, in cooperation with Member States, a list, which would be subject to review, of existing legal forms in Member States having the characteristics of social undertakings and to maintain that list updated;
Amendment 121 #
Motion for a resolution 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
Amendment 122 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to review existing legislation
Amendment 123 #
Motion for a resolution 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
Amendment 124 #
Motion for a resolution 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- economy enterprises, specifically, but not only, in the fields of public procurement
Amendment 125 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to
Amendment 126 #
Motion for a resolution Paragraph 10 a (new) 10a. Calls on the Commission and Member States to take tangible steps to unblock and attract the increased funding needed by social enterprises;
Amendment 127 #
Motion for a resolution Paragraph 11 Amendment 128 #
Motion for a resolution Paragraph 11 11. Considers it appropriate that the Commission examines the possibility of establishing a line of financing to support innovation in
Amendment 129 #
Motion for a resolution 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 and their contribution to public policy within and across countries
Amendment 13 #
Motion for a resolution 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 on the cultural and historical traditions of for-profit and non-profit development in each country;
Amendment 130 #
Motion for a resolution Paragraph 12 12. Calls on the Commission and Member States to engage in the collection of both quantitative and qualitative data, and analyses on
Amendment 131 #
Motion for a resolution Paragraph 13 Amendment 132 #
Motion for a resolution 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
Amendment 133 #
Motion for a resolution Paragraph 14 Amendment 135 #
Motion for a resolution 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
Amendment 136 #
Motion for a resolution Annex I – paragraph 3 – introductory part The European Parliament considers that the ‘European social label’ should only be awarded to enterprises complying with the following criteria in a cumulative manner:
Amendment 137 #
Motion for a resolution Annex I – paragraph 3 – point b (b) its purpose must be
Amendment 138 #
Motion for a resolution Annex I – paragraph 3 – point c (c) it should conduct a socially useful a
Amendment 139 #
Motion for a resolution Annex I – paragraph 3 – point c (c) it should conduct a socially useful activity, as determined by law, either ex ante or through a general clause
Amendment 14 #
Motion for a resolution Recital Б 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 on the cultural and historical traditions of non-profit development in each
Amendment 140 #
Motion for a resolution 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 141 #
Motion for a resolution Annex I – paragraph 3 – point d (d) it should be subject to a total or
Amendment 142 #
Motion for a resolution Annex I – paragraph 3 – point d (d) it should be subject to a
Amendment 143 #
Motion for a resolution Annex I – paragraph 3 – point e (e) it should be ruled following democratic governance models involving the persons affected by the activity in decision-making; members’ power in decision-making should not be based only or primarily on any capital stake they may hold
Amendment 144 #
Motion for a resolution Annex I – paragraph 3 – point e (e) it should be ruled following democratic governance models involving
Amendment 145 #
Motion for a resolution Annex I – paragraph 3 – point e a (new) (ea) it follows a fair compensation policy ensuring that the pay gap within the company may not exceed a ratio of 1/7.
Amendment 146 #
Motion for a resolution Annex I – paragraph 4 The European Parliament considers that nothing prevents co
Amendment 147 #
Motion for a resolution Annex I – paragraph 4 The European Parliament considers that nothing prevents commercial undertakings from being awarded the European social label if they comply with the above- mentioned requirements, in particular regarding their object, the distribution of profits, governance and decision-making.
Amendment 148 #
Motion for a resolution Annex I – paragraph 6 The possible legislative act should establish a mechanism of certification and of supervision and monitoring of the legal label with the close involvement of Member States, which is essential to protect the legal label of ‘social enterprise’ and preserve its intrinsic value. The European Parliament considers
Amendment 149 #
Motion for a resolution 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
Amendment 15 #
Motion for a resolution 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
Amendment 150 #
Motion for a resolution Annex I – paragraph 7 Penalties and sanctions for the infringement of
Amendment 151 #
Motion for a resolution 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
Amendment 152 #
Motion for a resolution 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 enterprise in all Member States, as far as this is compatible with national law. 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 incorporated under the law of the Member State in which they operate.
Amendment 153 #
Motion for a resolution Annex I – paragraph 11 The legislative act should require
Amendment 154 #
Motion for a resolution Annex I – paragraph 11 The legislative act should require social enterprises 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 accordance with the relevant national rules. In this regard, the Commission should be authorised to produce a model to help social enterprises in this endeavour.
Amendment 155 #
Motion for a resolution Annex I – paragraph 11 The legislative act should require
Amendment 156 #
Motion for a resolution Annex I – paragraph 13 – introductory part The legislative act should also authorise the Commission to establish guidelines of
Amendment 157 #
Motion for a resolution Annex I – paragraph 13 – point c (c) adaptation to
Amendment 158 #
Motion for a resolution Annex I – paragraph 13 – point e (e) relations with users and clients and the response to social needs not
Amendment 159 #
Motion for a resolution Annex I – paragraph 13 – point f (f) the situation of the enterprise with regard to diversity, non-discrimination and equal
Amendment 16 #
Motion for a resolution 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 on the cultural and historical traditions
Amendment 160 #
Motion for a resolution Annex I – paragraph 13 – point f (f) the situation of the enterprise with regard to diversity, non-discrimination and equal
Amendment 161 #
Motion for a resolution Annex I – paragraph 14 Amendment 162 #
Motion for a resolution Annex I – paragraph 15 Amendment 163 #
Motion for a resolution Annex I – paragraph 15 The legislative act should include a revisable list of legal forms in Member States of enterprises and undertakings qualifying for the European social label. In order to ensure transparency and effective cooperation between the Member States, that list should be published on the European Commission website and kept up to date.
Amendment 164 #
Motion for a resolution Annex I – paragraph 16 a (new) Recommendation 8 (on the eco-system for social enterprises and cooperation between Member States) The Commission should ensure that its policies reflect the commitment to create an eco-system for social enterprises. The Commission is invited to take account of the fact that social and solidarity-based economy enterprises have a strong local and regional influence, which gives them the advantage of being more aware of specific needs and able to offer products and services, most of them community- based, as well as to enhance social and territorial cohesion. The Commission is invited to take steps to promote cooperation between social and solidarity- based economy enterprises across national and sectoral boundaries so as to nurture the exchange of knowledge and practices in such a way as to support the development of social enterprises;
Amendment 165 #
Motion for a resolution Annex I – paragraph 17 a (new) Recommendation 8. The legislative act should set out a series of measures to promote the creation and development of social and solidarity-based enterprises. These measures should, as a minimum requirement, provide companies that have been recognised as social and solidarity-based enterprises with the following: – privileged access to public and private funding; – privileged conditions for access to public procurement contracts; – dedicated tax regimes.
Amendment 17 #
Motion for a resolution 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
Amendment 18 #
Motion for a resolution Recital C C. whereas in some Member States such as Italy and Germany, specific legal forms have been created either by adapting the cooperative model or though the introduction of legal forms that recognise the social commitment taken on by a plurality of entities and that include
Amendment 19 #
Motion for a resolution Recital C C. whereas in some Member States specific legal forms have been created either by adapting the cooperative, mutual, association, or foundation model 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 enterprises; whereas in other Member States social enterprises operate using pre- existing legal forms, including legal forms used by mainstream SMEs, such as the limited liability company;
Amendment 2 #
Motion for a resolution 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 20 #
Motion for a resolution Recital C C. whereas in some Member States specific legal forms have been created either by adapting the cooperative, mutual, association, or foundation model 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 enterprises; whereas in other Member States social enterprises operate using pre- existing legal forms, including legal forms used by mainstream SMEs, such as the limited liability company;
Amendment 21 #
Motion for a resolution Recital C C. whereas in some Member States specific legal forms have been created either by adapting the cooperative model 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 enterprises; whereas in other Member States social enterprises successfully operate using pre-
Amendment 22 #
Motion for a resolution Recital C C. whereas in some Member States specific legal forms have been created either by adapting the cooperative, mutual, association or foundation model 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 enterprises; whereas in other Member States social enterprises operate using pre- existing legal forms, including legal forms used by mainstream SMEs, such as the limited liability company;
Amendment 23 #
Motion for a resolution 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
Amendment 24 #
Motion for a resolution 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 25 #
Motion for a resolution 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 value creation;
Amendment 26 #
Motion for a resolution 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 value creation and local connections; whereas this diversity also confirms that social entrepreneurship is an innovative field;
Amendment 27 #
Motion for a resolution 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 value creation; whereas this diversity also confirms that social entrepreneurship is an innovative and beneficial field;
Amendment 28 #
Motion for a resolution Recital D a (new) Da. whereas Parliament emphasised, in its resolution of 10 September 2015 on social entrepreneurship and social innovation in combating unemployment, that social innovation relates to the development and implementation of new ideas, whether they be products, services or social organisation models, that are designed to meet new social, territorial and environmental demands and challenges, such as the ageing population, depopulation, balancing work and family life, managing diversity, tackling youth unemployment, the integration of those most excluded from the labour market, and combating climate change;
Amendment 29 #
Motion for a resolution Recital E E. whereas, in light of this diversity of legal forms available for the creation of a s
Amendment 3 #
Motion for a resolution Citation 12 a (new) – having regard to the report on workers representation on board level in Europe (2015/2222(INI),
Amendment 30 #
Motion for a resolution Recital E E. whereas, in light of this diversity of legal forms available for the creation of a social enterprise
Amendment 31 #
Motion for a resolution Recital E a (new) Ea. whereas social dialogue is crucially important both in terms of realising the objective of the social market economy, which is full employment with social progress, and in terms of competitiveness and fairness in the EU single market; whereas social dialogue and consultation with the social partners in EU policy-making represent a major social innovation;
Amendment 32 #
Motion for a resolution 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 33 #
Motion for a resolution Recital F F. whereas the fact that there is a choice in the available legal forms has the advantage of permitting social enterprises to shape their structure in the manner
Amendment 34 #
Motion for a resolution 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 enterprise should fulfil, regardless of the legal form it adopts, if it is to be considered as such type of enterprise; whereas it seems desirable to establish a
Amendment 35 #
Motion for a resolution 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 enterprise should fulfil, regardless of the legal form it adopts, if it is to be considered as such 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
Amendment 36 #
Motion for a resolution 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 enterprise should fulfil, regardless of the legal form it adopts, if it is to be considered as such 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
Amendment 37 #
Motion for a resolution 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 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 enterprise advantage over alternative ways of organising the production of services, including social services;
Amendment 38 #
Motion for a resolution 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
Amendment 39 #
Motion for a resolution Recital J – introductory part J. whereas in its resolution of 10 September 2015, Parliament
Amendment 4 #
Motion for a resolution Recital A A. whereas the
Amendment 40 #
Motion for a resolution Recital J – introductory part J. whereas in its resolution of 10 September 2015, Parliament noted that social and solidarity-based economy enterprises, which do not necessarily have to be non-profit organisations, are enterprises whose purpose is to achieve their social goal, which may be to create jobs for vulnerable groups, provide services
Amendment 41 #
Motion for a resolution Recital J – indent 1 Amendment 42 #
Motion for a resolution Recital J – indent 2 Amendment 43 #
Motion for a resolution Recital J – indent 3 Amendment 44 #
Motion for a resolution Recital J – indent 3 Amendment 45 #
Motion for a resolution Recital J – indent 4 Amendment 46 #
Motion for a resolution Recital J – indent 5 Amendment 48 #
Motion for a resolution Recital J – indent 7 Amendment 49 #
Motion for a resolution Recital K Amendment 5 #
Motion for a resolution Recital A A. whereas the concept of ‘social enterprise’ is used in some legal systems interchangeably with that of ‘solidarity- based enterprise’; whereas for the purposes of this resolution the concepts of ‘social enterprise’ and ‘solidarity-based enterprise’ are intended to be synonymous; whereas the concept of ‘social enterprise’ is not clear-cut
Amendment 50 #
Motion for a resolution Recital K K. whereas the above definitions are compatible and
Amendment 51 #
Motion for a resolution 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
Amendment 52 #
K. whereas the above definitions are compatible and seem to bring together the features shared by
Amendment 53 #
Motion for a resolution Recital L L. whereas
Amendment 54 #
Motion for a resolution Recital M M. whereas social enterprises operate in the market in an entrepreneurial fashion;
Amendment 55 #
Motion for a resolution 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
Amendment 56 #
Motion for a resolution Recital N N. whereas the contribution to social value creation must be the main purpose of a social enterprise; whereas social 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 enterprise should not be confused with that
Amendment 57 #
Motion for a resolution Recital N N. whereas the contribution to social value creation must be the main purpose of a social enterprise; whereas social enterprises should expressly pursue the aim of benefit
Amendment 58 #
Motion for a resolution Recital N N. whereas the contribution to social value creation must be the main purpose of a social and solidarity-based enterprise; whereas
Amendment 59 #
Motion for a resolution Recital O O. whereas social enterprises should conduct a socially useful activity; whereas they may be active in a wide spectrum of activities; whereas social enterprises have typically engaged in the delivery of s
Amendment 6 #
Motion for a resolution Recital A A. whereas the concept of ‘social enterprise’ is used in some legal systems interchangeably with that of ‘solidarity- based enterprise’; whereas, however, for the purposes of this resolution the concepts of ‘social enterprise’ and ‘solidarity-based enterprise’
Amendment 60 #
Motion for a resolution Recital O O. whereas social enterprises should conduct a socially useful activity; whereas they may be active in a wide spectrum of activities; whereas social enterprises have typically engaged in the delivery of social services, including social services and work integration services, which enhance people´s living conditions, in particular for disadvantaged groups; whereas a common trend in national legislation has been to enlarge the range of activities in which social 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, health, and environmental fields; whereas these socially useful activities may be determined by law ex ante in a list or through a general clause;
Amendment 61 #
Motion for a resolution 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
Amendment 62 #
Motion for a resolution Recital O O. whereas social enterprises should conduct a socially useful activity; whereas they may be active in a wide spectrum of activities; whereas social enterprises have typically engaged in the delivery of social services and work integration services for disadvantaged groups; whereas a common trend in national legislation has been to enlarge the range of activities in which
Amendment 63 #
Motion for a resolution Recital O O. whereas social enterprises should conduct a socially useful activity; whereas they may be active in a wide spectrum of activities; whereas social enterprises have typically engaged in the delivery of social services and work integration services for disadvantaged groups; whereas a common trend in national legislation has been to enlarge the range of activities in which social 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 and environmental fields; whereas these socially useful activities may be determined by law ex ante
Amendment 64 #
P. whereas social enterprises provide a business model for the 21st century which balances financial, social, cultural and environmental protection needs; whereas social enterprises are generally associated with social 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 65 #
Motion for a resolution 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 66 #
Motion for a resolution Recital P P. whereas social enterprises are generally associated with social 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,
Amendment 67 #
Motion for a resolution Recital P P. whereas social enterprises are generally associated with social 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, health and recreational services, and/or the introduction of innovative production or work organisation methods;
Amendment 68 #
Motion for a resolution Recital P a (new) Pa. whereas, by virtue of their social and integrative character, social enterprises offer employment to those groups of workers most commonly excluded from the labour market, and whereas they contribute significantly to reintegrating long-term unemployed people and to combating unemployment generally, thereby furthering social cohesion and economic growth;
Amendment 69 #
Motion for a resolution Recital P a (new) Pa. whereas the social economy, given the particular nature of its component enterprises and organisations, its specific rules, its social commitments, and its innovative methods, has shown on many occasions that it can be resilient in the face of economic adversity and that it has the potential to rise above crises more rapidly;
Amendment 7 #
Motion for a resolution Recital A A. whereas the concept of ‘social enterprise’ is used in some legal systems interchangeably with that of ‘solidarity- based enterprise’; whereas for the purposes of this resolution the concepts of ‘social
Amendment 70 #
Motion for a resolution Recital P b (new) Pb. whereas, in small and medium- sized enterprises in particular, employee financial participation often serves a social purpose, as demonstrated by the 'best practice' example of the successful reintegration of long-term unemployed people in Spain through the 'Sociedad Laboral (SL)' company model, whereby job-seekers can use their unemployment benefit to set up a company, and so create more jobs, with the state providing support and advice on management issues;
Amendment 71 #
Motion for a resolution Recital Q Q. whereas social enterprises are not necessarily non-profit organisations
Amendment 72 #
Motion for a resolution Recital Q Q. whereas social 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 wellbeing and economic development and ought to therefore re-invest their commercial gains into furthering their cause, 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 73 #
Motion for a resolution 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 74 #
Motion for a resolution Recital Р Q. whereas social 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, above all, on social values and on having a positive and durable impact on society’s wellbeing 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 75 #
Motion for a resolution Recital Q Q. whereas social enterprises are not necessarily non-profit organisations but
Amendment 76 #
Motion for a resolution Recital S S. whereas social enterprises should be ruled following democratic governance models involving the persons affected by the activity in decision-making; 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, but should also be determined by the principle of 'one person, one vote', even when the model adopted by the social enterprise is that of a commercial company;
Amendment 77 #
Motion for a resolution Recital S S. whereas social enterprises should be ruled following democratic governance models involving the persons affected by the activity in decisions to be taken, not least by applying the 'one person, one vote' principle; 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 enterprise is that of a commercial company;
Amendment 78 #
Motion for a resolution Recital S S. whereas social and solidarity-based enterprises should be ruled following democratic governance models involving the
Amendment 79 #
Motion for a resolution Recital S S. whereas social enterprises should be ruled following democratic governance models involving the persons affected by the activity, using the principle "one person one vote"; 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 enterprise is that of a commercial company;
Amendment 8 #
Motion for a resolution Recital A A. whereas the concept of ‘social enterprise’ is used in some legal systems interchangeably with that of ‘solidarity- based enterprise’; whereas for the purposes of this resolution the concepts of ‘social enterprise’ and ‘solidarity-based enterprise’ are intended to be synonymous; whereas the concept of ‘social enterprise’ is not clear-cut, and overlaps with that of more traditional social economy organisations, such as cooperatives, mutual organisations, associations and foundations; whereas discussions about the boundaries of the concept of ‘social enterprise’ are taking place among 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
Amendment 80 #
Motion for a resolution Recital Т Amendment 81 #
Motion for a resolution Recital T T. whereas social enterprises can adopt the legal form of commercial undertakings in some Member States; whereas the possibility of commercial companies having the status of social 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, depending on the national legislation;
Amendment 82 #
Motion for a resolution Recital T T. whereas social and solidarity-based enterprises can adopt the form of co
Amendment 83 #
Motion for a resolution Recital U U. whereas the treatment of employees in social enterprises should be comparable to that of employees of
Amendment 84 #
Motion for a resolution Recital V V. whereas the positive impact of social enterprises on the community
Amendment 85 #
Motion for a resolution Recital V V. whereas the positive impact of social 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 they aim at facilitating the development of economic activities or areas mainly intended to have a positive impact on society and their benefits are distinctly lower than those of capitalistic enterprises, which are able to comply with financial markets requirements and can more easily raise funds;
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
Amendment 87 #
Motion for a resolution Recital V V. whereas the positive impact of
Amendment 88 #
Motion for a resolution Recital V V. whereas the positive impact of
Amendment 89 #
Motion for a resolution Recital V V. whereas the positive impact of social enterprises on the community may possibly 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 they aim at facilitating the development of economic activities or
Amendment 9 #
Motion for a resolution Recital A a (new) Aa. whereas the social economy makes a major contribution to the EU economy; whereas, according to estimates, it comprises between 130 000 and 250 000 enterprises and employs a workforce of 14 million; whereas it is continuing to develop and is thus a driver of growth and employment;
Amendment 90 #
Motion for a resolution Recital W W. whereas it is essential that public authorities check and ensure that a given social-economy undertaking fulfils the requirements
Amendment 91 #
Motion for a resolution 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
Amendment 92 #
Motion for a resolution Recital Ч X. whereas social enterprises 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, in accordance with the relevant national rules;
Amendment 93 #
Motion for a resolution Recital X X. whereas
Amendment 94 #
Motion for a resolution Recital X X. whereas social-economy enterprises 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 95 #
Motion for a resolution Recital X X. whereas social-economy enterprises should issue a social report on a
Amendment 96 #
Motion for a resolution Paragraph 1 Amendment 97 #
Motion for a resolution Paragraph 1 1. Calls on the Commission to introduce a
Amendment 98 #
Motion for a resolution Paragraph 1 1. Calls on the Commission to look into the possibility of introduc
Amendment 99 #
Motion for a resolution Paragraph 1 1. Calls on the Commission to introduce at Union level a ‘European social label’ to be awarded to
source: 616.605
2018/04/11
EMPL
121 amendments...
Amendment 1 #
Draft opinion Recital A A. whereas
Amendment 10 #
Draft opinion Recital A c (new) Ac. whereas social entrepreneurship is a key component of an environmentally and socially sustainable market economy and of the European internal market and highlights its viable business models;
Amendment 100 #
Draft opinion Paragraph 7 c (new) 7c. Calls on the Member States to implement the recently provided European procurement principles in all tendering and selection procedures, which allows for social clauses and the use of the MEAT (Most Economically Advantageous Tender) instead of the “lower price” criteria; calls on the Member States to adapt calls for public procurement tenders in terms of pre- qualification, size of contracts, specification requirements, demanding long track records or strong financial positions, to the characteristics of SMEs and specifically of social and solidarity- based enterprises;
Amendment 101 #
Draft opinion Paragraph 7 d (new) 7d. Calls on the Commission and the Member States to put in place policies aimed at establishing favourable fiscal treatments for those undertakings awarded with the “European social label”;
Amendment 102 #
Draft opinion Paragraph 7 e (new) 7e. Calls on the Commission and the Member States to initiate a broad information campaign on social and solidarity-based enterprises as well as their social and economic benefits, including quality job creation and social cohesion;
Amendment 103 #
Draft opinion Paragraph 7 f (new) 7f. Calls on the Commission to better incorporate the social economy in Union legislation to establish a level-playing field for social and solidarity-based enterprises on the one hand and other forms of enterprises on the other;
Amendment 104 #
Draft opinion Paragraph 8 8. Calls for
Amendment 105 #
Draft opinion Paragraph 8 8. Calls for the funds to be used effectively, and stresses that access to EU funds, including EFSI, needs to be made easier, not least in order to rule out the emergence of
Amendment 106 #
Draft opinion Paragraph 8 8. Calls for the funds to be used effectively, and stresses that access to EU funds needs to be made easier, not least in order to rule out the emergence of consultancy services provided purely for profit, given the likely developments concerning ‘posted’ workers, who enjoy inadequate welfare protection in their home enterprise in their country of origin.
Amendment 107 #
Draft opinion Paragraph 8 a (new) 8a. Emphasises that the procedures by means of which social entrepreneurs can access funding must be simplified, and calls, in that connection, for an effective European campaign to cut red tape;
Amendment 108 #
Draft opinion Paragraph 8 a (new) 8a. Calls on the Commission to take into account the specificities of social enterprises when they receive state aid; proposes facilitating access to funding following the example of the categories set out in Regulation 651/2014 declaring certain categories of aid compatible with the internal market.
Amendment 109 #
Draft opinion Paragraph 8 a (new) 8a. Stresses that the European Commission and Member States, as well as regional and local authorities, should mainstream the social enterprise dimension in relevant policies, programmes and practices.
Amendment 11 #
Draft opinion Recital B B. whereas digitalisation, ambitious
Amendment 110 #
Draft opinion Paragraph 8 a (new) 8a. Notes that, as well as funding, the provision of educational and training services for individuals engaged with social enterprises is pivotal in enhancing the growth of this sector.
Amendment 111 #
Draft opinion Paragraph 8 a (new) 8a. Emphasises the importance of social enterprises providing social services to support people at risk or experiencing poverty and social exclusion;
Amendment 112 #
Draft opinion Paragraph 8 b (new) 8b. Emphasises that social enterprises make a vital contribution to society and need improved start-up and funding procedures;
Amendment 113 #
Draft opinion Paragraph 8 b (new) 8b. Social enterprises have a great potential to make a meaningful contribution to fight gender inequalities and promote a fairer economy for women and girls’ empowerment. By integrating gender equality objectives social enterprises can promote a greater gender balance in decision making, equal pay for equal work, anti-sexual harassment policies, encourage the equal distribution of care and reproductive work and encourage better work-life balance policies for both women and men, among other.
Amendment 114 #
Draft opinion Paragraph 8 b (new) 8b. Calls on Member States to redouble their efforts to create an appropriate and beneficial environment in which social enterprises can operate, including specialist support and streamlining the administration related to operations.
Amendment 115 #
Draft opinion Paragraph 8 b (new) 8b. Highlights the necessity of offering employment to those most commonly excluded from the labour market, by reintegrating long-term unemployed people and combating unemployment in general.
Amendment 116 #
Draft opinion Paragraph 8 c (new) 8c. Supports national initiatives to foster social entrepreneurship, and emphasises the importance of cross- border networking and exchanges of ideas in this area;
Amendment 117 #
Draft opinion Paragraph 8 c (new) 8c. Calls on the responsible authorities in the Member States to make greater use of the technical specifications that take into account, for example, the employment of persons with disabilities and fair trade labelling in public procurement; calls on the Member States and the Commission to better disseminate these procurement rules;
Amendment 118 #
Draft opinion Paragraph 8 c (new) 8c. Highlights the importance of only awarding the European Social Label to enterprises that comply with the qualifying criteria; stresses the importance that a substantial percentage of the profits made by the undertaking must be reinvested or otherwise used to achieve the enterprises social purpose;
Amendment 119 #
Draft opinion Paragraph 8 c (new) 8c. Greater gender balance indecision-making has been consistently shown to produce more innovation, transparency, and attention to risk than in male-dominated enterprises;
Amendment 12 #
Draft opinion Recital B B. whereas digitalisation, ambitious climate change goals, migration issues, groups of persons with disabilities, the number of long-term unemployed and the fight against poverty offer great potential for social entrepreneurship;
Amendment 120 #
Draft opinion Paragraph 8 d (new) 8d. Integrating gender in all the phases of the business process (e.g. product design, production, marketing, sales) has the potential to make social enterprises more resilient, successful, and impactful; social enterprises can also increase productivity through improved engagement of female employees and investments in capacity building for women;
Amendment 121 #
Draft opinion Paragraph 8 d (new) 8d. Strongly emphasises that the rules on how social enterprises operate must respect the principles of fair competition and may not permit unfair competition for the functioning of traditional small and medium-sized enterprises.
Amendment 13 #
Draft opinion Recital B B. whereas digitalisation, ambitious climate change goals, migration issues, social welfare and health services, and the fight against poverty offer great potential for social entrepreneurship;
Amendment 14 #
Draft opinion Recital B B. whereas digitalisation, ambitious climate change goals, migration issues, rising social inequalities and the fight against poverty offer great potential for social entrepreneurship;
Amendment 15 #
Draft opinion Recital B B. whereas digitalisation, ambitious climate change goals, migration
Amendment 16 #
Draft opinion Recital B a (new) Ba. whereas rural areas offer significant opportunities for social enterprises, and whereas, therefore, it is essential that appropriate infrastructure should be available throughout rural regions;
Amendment 17 #
Draft opinion Recital B a (new) Ba. whereas the impact of social and solidarity-based enterprises, especially during the economic crisis, has been highlighted by academic research in terms of high quality, inclusive and non- exportable job creation, fostering economic growth and strengthening social and regional cohesion;
Amendment 18 #
Draft opinion Recital B a (new) Ba. whereas across all Member States, social enterprises should have a common identity while drawing attention to the importance of recognising their diversity;
Amendment 19 #
Draft opinion Recital B a (new) Ba. whereas education and training must be priority areas in fostering the entrepreneurial culture among young people;
Amendment 2 #
Draft opinion Recital A A. whereas the social
Amendment 20 #
Draft opinion Recital B a (new) Bb. whereas Europeans simply cannot be sure whether they will have a job in the future, or what kind of job it will be;
Amendment 21 #
Draft opinion Recital B a (new) Ba. whereas there are more than 207 000 cooperatives with 108 million members in the EU providing employment to 4,7 million people;
Amendment 22 #
Draft opinion Recital B b (new) Bb. whereas the mutuals operating in healthcare and social assistance in the EU employ 8,6 million people and provide support to 120 million citizens; those mutuals have a market share of 24 % and generate over 4 % of the Union GDP;
Amendment 23 #
Draft opinion Recital B b (new) Bb. whereas social enterprises are especially focused on labour market integration of vulnerable people, personal social services, health and care services, local development of marginalised areas, environmental protection, as well as culture and education; whereas these activities are fully aligned with the social targets pursuit by the Union, including the Europe 2020 Strategy;
Amendment 24 #
Draft opinion Recital B b (new) Bb. whereas the influx of migrants, which has speeded up significantly over the last three years, has created a pool of workers who are only too happy to take the unskilled and poorly paid jobs which are sometimes on offer in the social and solidarity-based economy;
Amendment 25 #
Draft opinion Recital B b (new) Bb. whereas social and solidarity- based economy enterprises operate in the market in an entrepreneurial fashion, accepting economic risks;
Amendment 26 #
Draft opinion Recital B c (new) Bc. whereas Regulation (EU) No 1296/2013 defines a social and solidarity- based enterprise as an undertaking, which regardless of its legal form : a) has the achievement of measurable, positive social impacts as a primary objective in accordance with its articles of association, statutes or any other statutory document establishing the business, where the undertaking:– provides services or goods to vulnerable, marginalised, disadvantaged or excluded persons generating social returns, and/or – provides goods or services through a method of production, which embodies its social objective; b) uses its profits first and foremost to achieve its primary objectives instead of distributing profits, and has in place predefined procedures and rules for any circumstances in which profits are distributed to shareholders and owners, which ensure that any such distribution of profits does not undermine its primary objectives; and c) is managed in an accountable and transparent way, in particular by involving workers, customers and/or stakeholders affected by its business activities;
Amendment 27 #
Draft opinion Recital B c (new) Bc. whereas the Bratislava declaration of 2016 acknowledged that social economy can contribute to sustainable job creation and social innovations and that the increasing recognition of the importance of the social economy at European and national level must be enhanced by broader and more ambitious legislative and financial tools creating proper environment;
Amendment 28 #
Draft opinion Recital B c (new) Bc. whereas the economic and social impact of the socual and solidarity-based economy is already very considerable in those countries which have passed laws regulating it;
Amendment 29 #
Draft opinion Recital B d (new) Bd. whereas each Member State’s welfare protection system has hitherto been based primarily on the level of employment among its own nationals;
Amendment 3 #
Draft opinion Recital A A. whereas social entrepreneurship itself is not governed by a clear legal framework at European level, but only at national level in some Member States, by means of various legal approaches;
Amendment 30 #
Draft opinion Recital B d (new) Bd. whereas Regulation(EU) No 346/2013 lays down the conditions and requirements for the establishment of European social entrepreneurship funds;
Amendment 31 #
Draft opinion Paragraph 1 1. Highlights the vital importance of the hundreds of thousands of social enterprises in Europe, which employ around 15 million people, and their invaluable contribution to
Amendment 32 #
Draft opinion Paragraph 1 1. Highlights the vital importance of the
Amendment 33 #
Draft opinion Paragraph 1 1. Highlights the vital importance of the hundreds of thousands of social economy enterprises in Europe, which employ around 15 million people, and their invaluable contribution to continued sustainable economic growth, social progress and inclusion in the EU internal market;
Amendment 34 #
Draft opinion Paragraph 1 1. Highlights the vital importance of the hundreds of thousands of social enterprises in Europe, which employ around 15 million people, and their invaluable contribution to continued economic growth in the EU internal market; notes that in order to maximise the effectiveness of social enterprises a legal definition is essential as it allows social enterprises to be specifically considered for additional purposes such as tax, public procurement or competition law as well as allowing public bodies to be set up in support of social enterprises;
Amendment 35 #
Draft opinion Paragraph 1 a (new) 1a. Points out that implementing a corporate social responsibility strategy as part of a business plan is not enough for an enterprise to be classified as social and solidarity-based, and that they are therefore different concepts that should not be confused with each other;
Amendment 36 #
Draft opinion Paragraph 1 a (new) 1a. Underlines that social and solidarity based enterprises have a long history in the majority of EU Member States and have established themselves as vital and important market players;
Amendment 37 #
Draft opinion Paragraph 1 a (new) 1a. Calls on the Commission and national authorities to respect the historical and legal specificities of social economy enterprises when it comes to market regulation;
Amendment 38 #
Draft opinion Paragraph 1 a (new) 1a. Welcomes the fact that social enterprises provide employment opportunities for persons with disabilities as well as persons from other disadvantaged groups;
Amendment 39 #
Draft opinion Paragraph 2 2. Stresses that, although social enterprises and their activities should not replace public social protection and welfare assistance, given the constantly rising demand for social services
Amendment 4 #
Draft opinion Recital A a (new) Aa. whereas social enterprises take an innovative approach to the challenges facing society and provide the Member States with much-needed support;
Amendment 40 #
Draft opinion Paragraph 2 2. Stresses that, given the
Amendment 41 #
Draft opinion Paragraph 2 2. Stresses that, given the constantly rising demand for social services, social enterprises in the EU bear enormous social responsibility and are becoming increasingly important; stresses that social enterprises must play a complimentary role to publicly provided social services and cannot be used as a means to outsource responsibility for the provision of social services from the state;
Amendment 42 #
Draft opinion Paragraph 2 2. Stresses that, given the constantly rising demand for social services, social enterprises in the EU bear enormous social responsibility and are becoming increasingly important; believes that this responsibility cannot be met by the social enterprises on their own without the corresponding adequate public support;
Amendment 43 #
Draft opinion Paragraph 2 2. Stresses that, given the constantly rising demand for social services, social enterprises in the EU bear enormous social responsibility and are becoming increasingly important; therefore recommends that a favourable legal framework for social economy and social enterprises is developed in all Member States;
Amendment 44 #
Draft opinion Paragraph 2 a (new) 2a. Points out that social and solidarity-based economy enterprises have a strong local and regional basis, which gives them the advantage of being more aware of specific needs and able to offer the products and services required in the area, thus improving economic, social and territorial cohesion;
Amendment 45 #
Draft opinion Paragraph 2 a (new) 2a. Highlights that social enterprises often have a positive environmental and ecological impact compared to traditional purely profit oriented businesses, therefore the gained social benefit might be larger and broader than the direct impact on the life of participating people;
Amendment 46 #
Draft opinion Paragraph 2 a (new) 2a. Draws attention to the importance of social enterprises providing education, health or social services in cooperation with local authorities and often with the involvement of volunteers; draws attention to their work in supporting the integration of disadvantaged jobseekers on the labour market;
Amendment 47 #
Draft opinion Paragraph 2 a (new) 2a. Stresses the potential of social entrepreneurship to contribute to overcoming significant socioeconomic issues through a bottom-up approach, including issues such as lack of care facilities, thus contributing to better quality of life;
Amendment 48 #
Draft opinion Paragraph 2 a (new) 2a. Recognises the role of social and solidarity-based enterprises for reducing unemployment, combating poverty and social exclusion especially among the most vulnerable groups and reducing inequalities;
Amendment 49 #
Draft opinion Paragraph 2 a (new) 2a. Points out that social enterprises offer job opportunities in particular for person with a disability;
Amendment 5 #
Draft opinion Recital A a (new) Aa. whereas the social and solidarity- based economy should be regarded as a driver that is able to help balance social and economic issues;
Amendment 50 #
Draft opinion Paragraph 3 Amendment 51 #
Draft opinion Paragraph 3 3. Emphasises the importance of networking among social enterprises, and
Amendment 52 #
Draft opinion Paragraph 3 3. Emphasises the importance of networking among social enterprises, and calls on the Member States to optimise knowledge transfer within Member States and throughout the EU;
Amendment 53 #
Draft opinion Paragraph 3 3. Emphasises the importance of networking among social enterprises, and calls on the Member States to optimise knowledge transfer throughout the EU
Amendment 54 #
Draft opinion Paragraph 3 a (new) 3a. Calls on the Commission to collect, in cooperation with Member States, information on existing good practices, and to analyse both qualitative and quantitative data on the contribution of social and solidarity-based enterprises both to public policy and to local communities;
Amendment 55 #
Draft opinion Paragraph 3 a (new) 3a. Notes the often overlapping interests of social enterprises and other sectors of the social economy as well as trade unions; Recommends the facilitation of data exchanges and networking of representative bodies across these sectors;
Amendment 56 #
Draft opinion Paragraph 3 a (new) 3a. Urges the Member States to develop international cooperation policies with a view to disseminating best practices;
Amendment 57 #
Draft opinion Paragraph 4 Amendment 58 #
Draft opinion Paragraph 4 4. Calls for an online multilingual European platform for social and solidarity-based enterprises, through which they could exchange ideas
Amendment 59 #
Draft opinion Paragraph 4 4. Calls for an online European platform for social enterprises, through which they could exchange ideas on
Amendment 6 #
Draft opinion Recital A a (new) Aa. whereas it is up to the Member States alone to decide whether or not to introduce a social and/or solidarity-based enterprise label;
Amendment 60 #
Draft opinion Paragraph 4 4. Calls for a
Amendment 61 #
Draft opinion Paragraph 4 4. Calls for an online European platform for social enterprises, through which they could exchange ideas on setting-up and funding procedures
Amendment 62 #
Draft opinion Paragraph 4 4. Calls for an online European platform for social enterprises, through which they could exchange ideas on setting-up and funding procedures and the legal situation, as well as on the possibility of accessing funding under EU programmes;
Amendment 63 #
Draft opinion Paragraph 4 a (new) 4a. Calls on the Commission and Member States to take quantifiable steps to unblock and attract public and private investment needed by social enterprises; notes in this regard that social and solidarity-based economy enterprises still face difficulties in accessing public procurement, such as barriers related to size and financial capability; reiterates the importance of effective implementation of the public procurement reform package by Member States in order to achieve greater participation by these enterprises in tendering procedures for public contracts, by improving the earmarking of contracts for such enterprises, including social clauses and criteria, simplifying procedures and drawing up tenders in a way that makes them accessible to smaller operators;
Amendment 64 #
Draft opinion Paragraph 4 a (new) 4a. Encourages public authorities to make the best use of the new public procurement rules, namely the possibility to include social considerations and reserved contracts in their tendering procedures;
Amendment 65 #
Draft opinion Paragraph 4 a (new) 4a. Urges the Member States to establish national platforms for the social and solidarity-based economy;
Amendment 66 #
Draft opinion Paragraph 5 Amendment 67 #
Draft opinion Paragraph 5 5.
Amendment 68 #
Draft opinion Paragraph 5 5. Emphasises the need to introduce at EU level a
Amendment 69 #
Draft opinion Paragraph 5 5. Emphasises the need to introduce at EU level a ‘European social label’ for social enterprises, based on clear criteria; highlights the importance of drawing a clear distinction between a social enterprise and an enterprise engaged in corporate social responsibility (CSR); stresses the importance of a non- distribution constraint and limited profit allocation being included in any legal definition of a social enterprise;
Amendment 7 #
Draft opinion Recital A a (new) Aa. whereas social enterprises can take different legal forms (such as citizens’ associations, cooperatives, associations, charities, etc.);
Amendment 70 #
Draft opinion Paragraph 5 5. Emphasises the need to introduce at EU level a ‘European social label’ for
Amendment 71 #
Draft opinion Paragraph 5 a (new) 5a. Considers that the “European social label” must be available for those social and solidarity-based enterprises satisfying a set of minimum legal requirements and definitions, regardless of their legal form;
Amendment 72 #
Draft opinion Paragraph 5 a (new) 5a. Stresses that criteria currently exist to define social enterprises, and they are set out in European Parliament resolution of 10 September 2015 on Social Entrepreneurship and Social Innovation in combating unemployment (the primacy of the individual and the social objective over capital; democratic control by the membership; the combination of the interests of members, users and the general interest; the safeguarding and application of the principles of solidarity and responsibility; the reinvestment of surplus funds in long-term development objectives, or in the provision of services of interest to members or of services of general interest; voluntary and open membership; autonomous management independent of the public authorities); points out that the criteria must remain sufficiently flexible in order that they do not block the activities of social enterprises or have an unintended negative impact on their work;
Amendment 73 #
Draft opinion Paragraph 5 a (new) 5a. Notes the diverse legal definitions of what constitutes a social enterprise among Member States and stresses the need for a broad and inclusive EU definition; highlights the particular challenges faced by social cooperatives and work-integration social enterprises (WISEs) in carrying out their mission and stresses the need for such organisations to be included under the new label;
Amendment 74 #
Draft opinion Paragraph 5 a (new) 5a. Emphasises that it would be totally inappropriate to introduce at EU level a European social label for social enterprises based on clear criteria, on the grounds that it would constitute an attack on national sovereignty in the areas of tax and employment policy;
Amendment 75 #
Draft opinion Paragraph 5 b (new) 5b. Calls on the Commission to introduce a European definition for social and solidarity-based enterprises based on Regulation (EU) No 1296/2013, which defines such a business as an undertaking, which regardless of its legal form: (a) has the achievement of measurable, positive social impacts as a primary objective in accordance with its articles of association, statutes or any other statutory document establishing the business, where the undertaking: – provides services or goods to vulnerable, marginalised, disadvantaged or excluded persons generating social returns, and/or – provides goods or services through a method of production, which embodies its social objective; (b) uses its profits first and foremost to achieve its primary objectives instead of distributing profits, and has in place predefined procedures and rules for any circumstances in which profits are distributed to shareholders and owners, which ensure that any such distribution of profits does not undermine its primary objectives; and (c) is managed in an accountable and transparent way, in particular by involving workers, customers and/or stakeholders affected by its business activities;
Amendment 76 #
Draft opinion Paragraph 5 b (new) 5b. Notes the recent study carried out by the Directorate-General for Internal Policies entitled “A European Statute for Social and Solidarity based Enterprises” which recommends establishing a legal qualification rather than a legal form of incorporation for social enterprises in order to have a more inclusive definition;
Amendment 77 #
Draft opinion Paragraph 5 b (new) 5b. Stresses that any European label for social entrepreneurship must adequately and fairly take into account the diversity of the legal forms and frameworks in which social enterprises operate in the different Member States;
Amendment 78 #
Draft opinion Paragraph 5 c (new) 5c. Recognises the positive impact of Corporate Social Responsibility (CSR) criteria among the European businesses; considers, however, that this notion must be treated separately from the activities and notions involving social economy and social and solidarity-based enterprises;
Amendment 79 #
Draft opinion Paragraph 5 d (new) 5d. Considers that the minimum criteria and legal requirements for acquiring and maintaining a “European social label” must be a socially useful activity which should be define at European level; points out that this activity should be measurable in terms of social impact in fields like social integration of vulnerable people, labour market integration of those at risk of exclusion in quality and sustainable jobs, reduction of gender inequalities, tackling marginalisation of migrants, improving equal opportunities through health, education, culture, and decent housing, fighting poverty and inequalities; stresses that social and solidarity-based enterprises must comply in their own performance with best practices in terms of working and employment conditions;
Amendment 8 #
Draft opinion Recital A b (new) Ab. whereas social enterprises highlight new ways of addressing social problems in an ever more quickly changing world and create sustainable jobs;
Amendment 80 #
Draft opinion Paragraph 6 6.
Amendment 81 #
Draft opinion Paragraph 6 6. Stresses that the cost of and the formalities involved in obtaining the label should be kept to a minimum, to avoid putting social enterprises at any disadvantage, with special regard to small and medium sized social and solidarity- based companies. Accordingly, the criteria must be simple, clear and based on material rather than formal factors, and relevant procedures must not be burdensome;
Amendment 82 #
Draft opinion Paragraph 6 6. Stresses that the cost of and the formalities involved in obtaining the label should be kept to a minimum, to avoid putting social enterprises at any disadvantage; stresses that the awarding and retention of the label be conditional on an enterprise meeting the strict criteria of a social enterprise in order to ensure that genuine social enterprises are benefited from obtaining the label;
Amendment 83 #
Draft opinion Paragraph 6 a (new) 6a. Notes that while reporting obligations are a reasonable tool to verify that social enterprises continue to be entitled to the European social label, the frequency of such reports and obligatory information to be included must not be excessively burdensome;
Amendment 84 #
Draft opinion Paragraph 7 7. Highlights the need to
Amendment 85 #
Draft opinion Paragraph 7 7. Highlights the need to offer financial support to social enterprises at regional, national and EU level, with special attention to financing innovation, and draws attention to existing sources of funding, such as the European Social Fund, the European Regional Development Fund and the European Programme for Social Change and Innovation;
Amendment 86 #
Draft opinion Paragraph 7 7. Highlights the need to offer financial support to social enterprises at regional, national and EU level, and draws attention to existing sources of funding, such as the European Social Fund, the European Regional Development Fund and the E
Amendment 87 #
Draft opinion Paragraph 7 7. Highlights the need to offer
Amendment 88 #
Draft opinion Paragraph 7 7. Highlights the need to offer financial support to social enterprises at regional, national and EU level, and draws attention to existing sources of funding, such as the European Social Fund, the European Regional Development Fund and the European Programme for Social Change and Innovation; highlights the need to ensure adequate funding is allocated to social enterprises in peripheral and economically disadvantaged areas;
Amendment 89 #
Draft opinion Paragraph 7 a (new) 7a. Emphasises the need to support social enterprises by providing them with sufficient funding and facilities, as financial sustainability is vital to their survival;
Amendment 9 #
Draft opinion Recital A b (new) Ab. whereas in some countries, including France, enterprises in the social and solidarity-based economy are required to meet specific national tax and employment criteria; whereas, therefore, introducing a European label would amount to a double attack on national sovereignty;
Amendment 90 #
Draft opinion Paragraph 7 a (new) 7a. Takes the view that the time has come to review the European definition of ‘non-profit-making’ or to consider a third way, neither exclusively ‘non-profit- making’ nor exclusively ‘profit-making’, for organisations which may generate a profit which cannot, even in part, be distributed to their members and must be reinvested in full or used in full in another way to achieve a given social purpose; acknowledges the importance of providing financial support for enterprises in the social and solidarity- based economy, and proposes that EU laws applicable to State aid be revised to that effect, given that, as the Court of Justice’s Graphos Pain judgment of 8 September 2011 (Cases C-78/08 to 80/08) recognises for cooperatives, the profit margin for this type of enterprise, if it has one at all, is significantly smaller than that for companies with share capital, which are better able to adapt to the dictates of the market and raise funds;
Amendment 91 #
Draft opinion Paragraph 7 a (new) 7a. Calls on the Commission to improve the European Programme for Employment and Social Innovation (EaSI) and its Microfinance and Social Entrepreneurship axis and to increase awareness in the financial sector about the characteristics and the economic and social benefits of social and solidarity- based enterprises;
Amendment 92 #
Draft opinion Paragraph 7 a (new) 7a. Believes that investment priorities for social economy and social enterprises should not be limited to social inclusion, but should include employment and education, to reflect the wide range of economic activities in which they are present;
Amendment 93 #
Draft opinion Paragraph 7 a (new) 7a. Calls for a review of the existing EU state-aid legislation in order to provide the social and solidarity-based enterprises with a level-playing field and the necessary incentives for their activities;
Amendment 94 #
Draft opinion Paragraph 7 a (new) 7a. Considers it necessary, furthermore, to support alternative means of funding such as venture capital funds, microcredit and crowdfunding;
Amendment 95 #
Draft opinion Paragraph 7 a (new) 7a. Calls on the Member States to focus their efforts on the more ambitious application of social criteria in public procurement;
Amendment 96 #
Draft opinion Paragraph 7 b (new) 7b. Calls for the ‘Erasmus for young entrepreneurs’ programme to be continued, for its budget to be used effectively and for information about the programme to be made easily accessible;
Amendment 97 #
Draft opinion Paragraph 7 b (new) 7b. Calls on the Commission to review in the context of the next MFF 2021-2027 the regulatory framework for social investment funds to facilitate access to the financial market for social and solidarity- based enterprises;
Amendment 98 #
Draft opinion Paragraph 7 b (new) 7b. Calls on the Commission and Member States to proactively promote the “European social label” and advertise the social benefits of social enterprises;
Amendment 99 #
Draft opinion Paragraph 7 c (new) 7c. Calls for the procedures for setting up social enterprises to be simplified, so that excessive red tape does not pose an obstacle to social entrepreneurship;
source: 619.151
|
History
(these mark the time of scraping, not the official date of the change)
2020-01-19Show (3) Changes | Timetravel
| docs/3/body |
EC
|
| events/3/docs/0/url |
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0231&language=ENNew
http://www.europarl.europa.eu/doceo/document/A-8-2018-0231_EN.html |
| events/5/docs/0/url |
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0317New
http://www.europarl.europa.eu/doceo/document/TA-8-2018-0317_EN.html |
2019-09-04Show (4) Changes | Timetravel
| committees/0 |
|
| committees/0 |
|
| committees/1 |
|
| committees/1 |
|
2019-07-06Show (5) Changes
| commission |
|
| committees |
|
| docs |
|
| events |
|
| procedure |
|