Activities of Virginie ROZIÈRE related to 2016/2237(INL)
Shadow reports (1)
REPORT with recommendations to the Commission on a Statute for social and solidarity-based enterprises PDF (386 KB) DOC (92 KB)
Amendments (31)
Amendment 8 #
Motion for a resolution
Recital A
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 social enterprises by the European Union and public administrations at all levels possible, including the internal market;
Amendment 9 #
Motion for a resolution
Recital A a (new)
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 16 #
Motion for a resolution
Recital B
Recital B
B. whereas there are substantial differences among Member States in the way they regulate social enterprises and the organisational forms available to social entrepreneurs under their legal systems; whereas the distinctive organisational forms that social enterprises adopt depend on the existing legal frameworks, on the political economy of welfare provision and on the cultural and historical traditions of non-profit development in each country;
Amendment 17 #
Motion for a resolution
Recital C
Recital C
C. whereas in some Member States specific legal forms have been created either by adapting the cooperative model, among others, or though the introduction of legal forms that recognise the social commitment taken on by a plurality of entities and that include some features specific for social and solidarity-based enterprises; whereas in other Member States socialthose enterprises operate using pre- existing legal forms, including legal forms used by mainstream SMEconventional companies, such as the limited liability company or the public limited company, and whereas in some Member States the legal arrangements may even be optional; whereas it should be noted that even if specific legal forms have been devised for them, social enterprises, in many cases, opt for a variety of other legal forms better suited to their needs and their situation;
Amendment 20 #
Motion for a resolution
Recital C
Recital C
C. whereas in some Member States specific legal forms have been created either by adapting the cooperative, 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 26 #
Motion for a resolution
Recital D
Recital D
D. whereas the adoption of diverse legal frameworks on social enterprises in many Member States confirm the development of a new kind of entrepreneurship more focused on social value creation and local connections; whereas this diversity also confirms that social entrepreneurship is an innovative field;
Amendment 29 #
Motion for a resolution
Recital E
Recital E
E. whereas, in light of this diversity of legal forms available for the creation of a socialtatute for a social and solidarity-based enterprise across Member States, there does not seem to exist a consensus in Europe as to whether it is convenient or necessary at the present moment to set up at EU level a specific form of social enterprison setting up a specific form of social enterprise at EU level at this point in time; whereas Parliament has already stressed that the development of anye importance of developing new legal frameworks at Union level should be optional for enterprises and preceded by an impact assessment to take, but has always made the point that these can only be optional in relation to national frameworks; whereas it takes the view that the impact studies already carried out, for instance on mutual societies, serve to demonstrate that statutes of this type could be introduced on a Europe- wide basis if they took into account the existence of various social business models across the Member States; whereas Parliament has also stressed that any measures should demonstrate Union-wide added value;
Amendment 37 #
Motion for a resolution
Recital G
Recital G
G. whereas notwithstanding the above it is possible to derive from national experiences at Member State level some distinctive features and criteria that a social 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 40 #
Motion for a resolution
Recital J – introductory part
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 forto their members, or more generally create a positive social and environmental impact, and which reinvest their profits primarily in order to achieve those objectives; whereas it pointsed out that social and solidarity-based economy enterprises are characterised by their commitment to upholding the following values:
Amendment 44 #
Motion for a resolution
Recital J – indent 3
Recital J – indent 3
Amendment 51 #
Motion for a resolution
Recital K
Recital K
K. whereas the above definitions are compatible and seem to bring together the features shared by all social and solidarity- based enterprises regardless of the Member State of incorporation; whereas such features should constitute the baseline for a cross- cutting and more definitive legal definition of ‘social enterprise’ at Union levelEuropean label for the 'social and solidarity-based enterprise';
Amendment 59 #
Motion for a resolution
Recital O
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 intended to improve living conditions for the community; whereas among such services, they provide social services to support people in precarious circumstances or affected by socio- economic exclusion, 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, and health fields; whereas these socially useful activities may be determined by law ex ante in a list or through a general clause;
Amendment 65 #
Motion for a resolution
Recital P
Recital P
P. whereas social and solidarity-based enterprises are generally associated with social, technological, and economic innovation, as a result of the expansion of social enterprise activity in new fields of production of goods or of delivery of services, including environmental, cultural and recreational services, and/or the introduction of innovative production or work organisation methods;
Amendment 66 #
Motion for a resolution
Recital P
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, culturalhealth, cultural, education, and recreational services, and/or the introduction of innovative production or work organisation methods;
Amendment 69 #
Motion for a resolution
Recital P a (new)
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 71 #
Motion for a resolution
Recital Q
Recital Q
Q. whereas social enterprises are not necessarily non-profit organisations but, on the contrary; whereas they can generate a profit, which must not, however, be distributed, even in part, to increase the wealth of their members, since the entire amount must be reinvested or used in order to achieve their social purposes; whereas, indeed, 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 76 #
Motion for a resolution
Recital S
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 88 #
Motion for a resolution
Recital V
Recital V
V. whereas the positive impact of social enterprises in the social economy 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 developmen profit margin of these enterprises – where they have one – is clearly below that of economic activities or areas mainly intended to have a positive impact on socimpanies with share capital, which are better able to adapt to the dictates of the markety;
Amendment 95 #
Motion for a resolution
Recital X
Recital X
X. whereas social-economy enterprises should issue a social report on a regularn annual 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 115 #
Motion for a resolution
Paragraph 6
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 social activities and should enjoy the same benefits, rights and obligations that the social enterprises incorporated under the law of the Member State in which they operate;
Amendment 118 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to carry out, in cooperation with Member States and the social enterprise sector, a comparative study of the various national and regional legal frameworks governing social enterprises throughout the EU, and of the operating conditions for social enterprises and of their characteristics, including their size and number and their field of activities, as well as of the various national certification, status and labelling systems;
Amendment 121 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to collect, in cooperation with Member States and representatives of the social enterprise sector, information on good practices in the Member States, in particular in those fields laid down in the annex to this resolution, and to implement guidelines to encourage and support Member States in establishing or improving national frameworks for the development of social enterprises based on the social economy and solidarity;
Amendment 123 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to review existing legislation and to submit, where appropriate, legislative proposals establishing a more coherent and complete legal framework in support of social enterprises based on the social economy and solidarity, specifically, but not only, in the fields of public procurement and competition law, so that such undertakings are treated in a manner that is consistent with their particular nature and contribution to social cohesion and to economic growth; considers that these legislative proposals could, in particular, make it easier for enterprises based on the social economy and solidarity to cooperate with other such enterprises on a cross- border basis and to transact cross-border business;
Amendment 124 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to review existing legislation and to submit, where appropriate, legislative proposals establishing a more coherent and complete legal framework in support of social- economy enterprises, specifically, but not only, in the fields of public procurement and, competition law and taxation, so that such undertakings are treated in a manner that is consistent with their particular nature and contribution to social cohesion and to economic growth;
Amendment 129 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission and Member States to engage in the collection of both quantitative and qualitative data, and analyses on social enterprises and their contribution to public policy within and across countries with a view to improving policy and strategy making; , taking into account the specificities of these companies and using suitable, relevant criteria, with a view to improving policy and strategy making and developing tools to support these enterprises in their development;
Amendment 137 #
Motion for a resolution
Annex I – paragraph 3 – point b
Annex I – paragraph 3 – point b
(b) its purpose must be ofessentially focused on the general interest and/or public utility;
Amendment 139 #
Motion for a resolution
Annex I – paragraph 3 – point c
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; , with a view to contributing to the cultural, moral, intellectual and physical development of its members or beneficiaries and the improvement of their living conditions;
Amendment 143 #
Motion for a resolution
Annex I – paragraph 3 – point e
Annex I – paragraph 3 – point e
(e) it should be ruled following democratic governance models involving the 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;, but may be, in particular, carried out according to the principle of 'one person, one vote'.
Amendment 155 #
Motion for a resolution
Annex I – paragraph 11
Annex I – paragraph 11
The legislative act should require social enterprises based on the social economy and solidarity willing to maintain the label to issue on a regularn annual basis a social report on their activities, results, involvement of stakeholders, allocation of profits, salaries, subsidies, and other benefits received. In this regard, the Commission should be authorised to produce a model to help social enterprises inbased on the social economy and solidarity with this endeavour.
Amendment 157 #
Motion for a resolution
Annex I – paragraph 13 – point c
Annex I – paragraph 13 – point c
(c) adaptation to local social needs and to the local employment market, particularly at the local level;
Amendment 159 #
Motion for a resolution
Annex I – paragraph 13 – point f
Annex I – paragraph 13 – point f
(f) the situation of the enterprise with regard to diversity, non-discrimination and equal opportunitiesity for men and women among their members, including positions of responsibility and leadership;