2012/2039(INI) | [ParlTrack]

Draft opinion
Paragraph 1

1. Points out that the values of mutual societies correspond to the fundamental principles of the European social model; stresses that, as well as being based on values of solidarity, mutual societies are major operators in the social market economy of the European Union and should be given greater recognition, particularly by establishing a European statute;

Amendment 10 #

Draft opinion
Paragraph 5

5. Notes that retirement and survivor's pensions make up the largest share of social protection expenditure and that population ageing risks putting public expenditure on social protection under pressure; stresses that mutual societies can play an important role proposing socially responsible pension schemes in the private sector, nevertheless they cannot replace a strong first pillar of the pension system;

Amendment 11 #

Draft opinion
Paragraph 5 a (new)

5a. Points out that mutuals offer additional and affordable opportunities for EU citizens;

Amendment 12 #

Draft opinion
Paragraph 5 a (new)

5a. Points out that certain Mutual Societies have a very strong voluntary component and that this volunteer ethos must be preserved and facilitated.

Amendment 13 #

Draft opinion
Paragraph 6

6. Stresses that the increase in expenditure on health care and pensions could have significant consequences for the continuity and cover of the current social protection schemes~~, which could lead Member States to lower their level of contribution to statutory~~; underlines that mutual societies promote key values of the welfare state such as solidarity, non-discrimination, equal access and high quality of social services in the private sector; stresses however that private social protection can~~d to transfer the costs of social security to the private sector~~ only be complementary and must not replace statutory social security;

Amendment 14 #

Draft opinion
Paragraph 6

6. Stresses that the increase in expenditure on health care and pensions could have significant consequences for the continuity and cover of the current social protection schemes, which could lead Member States to lower their level of contribution to statutory social protection and to transfer the costs of social security to the private sector; considers that the enhancement of mutual societies’ contribution to the European social market economy should not take place at the expense of Member States’ action on social protection; stresses that the diversity of social protection systems, some of them borne fully by the state, some by the mutual societies and some on a shared basis between the two, should be respected; considers that the statute for a European mutual society is essential but must not be used to make up for Member States’ deficiencies in terms of social protection;

Amendment 15 #

Elisabeth MORIN-CHARTIER

Draft opinion
Paragraph 6 a (new)

6a. Hopes that it will be made easier for all workers. and in particular for workers in small businesses, to join a mutual society, and that they will be encouraged to do so;

Amendment 16 #

Elisabeth MORIN-CHARTIER

Draft opinion
Paragraph 6 b (new)

6b. Hopes, in that case, that a worker’s membership of a system of mutual societies will be encouraged by exemptions from social security contributions or by tax relief;

Amendment 17 #

Frédéric DAERDEN

Draft opinion
Paragraph 7

~~7. Points out that mutual societies lack the necessary legal instruments to facilitate their development and their cross-border activities within the internal market;~~deleted

Amendment 18 #

Draft opinion
Paragraph 7

7. Points out that mutual societies lack the necessary legal instruments to facilitate their development and their cross-border activities within the internal market; and given the availability of European statutes for other corporate forms, mutual societies are still at a disadvantage.

Amendment 19 #

Draft opinion
Paragraph 7

7. Points out that mutual societies lack the necessary legal instruments to facilitate their development and their cross-border activities within the internal market; underlines that, in absence of a European statute, mutual societies are often obliged to make use of inadequate legal instruments for their cross-border activities leading to their demutualisation;

Amendment 2 #

Draft opinion
Paragraph 1

1. Points out that the values of mutual societies correspond to the fundamental principles of the European social model; reminds that compared to other social economy enterprise forms, mutual societies operate on the principles of voluntary and open membership, equal voting rights (one member one vote), independence and autonomy with no share capital;

Amendment 20 #

Frédéric DAERDEN

Draft opinion
Paragraph 8

8. ~~Considers that legislation~~Notes that national laws on mutual societies var~~ies~~y considerably within the EU and that ~~the European statue could be used as a starting point leading to a certain approximation of national legislation~~mutual societies do not possess the legal tools needed to facilitate their development within the internal market;

Amendment 21 #

Draft opinion
Paragraph 8

8. Considers that legislation on mutual societies varies considerably within the EU and that the European statue could ~~be used as a starting point leading to a certain approximation of national legisla~~allow the creation of transnational mutuals thus reinforcing EU Social protection;

Amendment 22 #

Frédéric DAERDEN

Draft opinion
Paragraph 8 a (new)

8a. Considers that the European statute could permit the emergence of trans- national mutual society operators, thus strengthening the European social protection model;

Amendment 23 #

Draft opinion
Paragraph 8 a (new)

8a. Stresses that mutual societies do not exist in all Member States; underlines that this creates market distortions; points out that a European statute could remedy this and that it could inspire the creation of mutuals in these Member States;

Amendment 24 #

Draft opinion
Paragraph 9 a (new)

9a. Calls on the European Commission to reintroduce the proposal for a Statute for the European mutual societies;

Amendment 25 #

Elisabeth MORIN-CHARTIER

Draft opinion
Paragraph 10 a (new)

10a. Hopes, therefore, that this European statute will be ambitious and innovative with a view to protecting workers and their families when they move within the European Union;

Amendment 26 #

Draft opinion
Paragraph 10 a (new)

10a. Welcomes the study commissioned by the European Commission on the current situation and prospects of mutual societies in the EU, which explores the difficulties mutuals have due to the lack of existing legal frameworks in some Member States, for the creation of new mutuals due to capital requirements and the lack of solutions for grouping; calls on the Commission to propose adequate solutions to resolve these problems in order to better recognize the contributions of mutuals to the social economy, including a Statute;

Amendment 27 #

Draft opinion
Paragraph 11

11. Points out that mutual societies play or should play an important role in the Member States' economies, given that they contribute to the EU's strategic objectives of ensuring inclusive growth with access to basic resources, to social rights and services for all and to high-quality health care for all on the basis of solidarity, affordability and non-exclusion;

Amendment 28 #

Draft opinion
Paragraph 11

11. Points out that mutual societies play an important role in the Member States' economies, given that they contribute to the EU's strategic objectives of ensuring inclusive growth with access to basic resources, to social rights and services for all and to high-quality health care for all on the basis of solidarity, non-discrimination and non-exclusion;

Amendment 29 #

Draft opinion
Paragraph 11 a (new)

11a. Reminds that a Regulation on European Cooperative Statutes (SCE)1 was adopted in 2003 and that the European Commission presented on 8 February 2012 a proposal for a European Foundation Statute. ____________ 1 Council Regulation 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society (SCE)

Amendment 3 #

Draft opinion
Paragraph 1 a (new)

1a. Notes that mutual societies are voluntary groups of persons (natural or legal) whose purpose is to meet the needs of their members rather than achieve a return on investment, they operate according to the principles of solidarity between members and are managed according to democratic principles;

Amendment 30 #

Draft opinion
Paragraph 11 a (new)

11a. Underlines that the mutual societies have to play an important role in sustainable health through a pro-active prevention policies;

Amendment 31 #

Draft opinion
Paragraph 12

12. Stresses that the social economy – and mutual societies in particular – plays an essential role in the EU economy, by combining profitability with solidarity, creating high-quality jobs, strengthening social, economic and regional cohesion, generating social capital and promoting active citizenship, solidarity - based social welfare and a type of economy with democratic values which puts people first and supports sustainable development and social, environmental and technological innovation;

Amendment 32 #

Draft opinion
Paragraph 12

12. Stresses that the social economy – and mutual societies in particular – plays an essential role in the EU economy, by combining profitability with solidarity, creating high-quality, local jobs, strengthening social, economic and regional cohesion, generating social capital and promoting active citizenship, solidarity and a type of economy with democratic values which puts people first and supports sustainable development and social, environmental and technological innovation;

Amendment 33 #

Draft opinion
Paragraph 12 a (new)

12a. Points out the benefits of the democratic principles governing mutual societies, such as the one member - one vote principle, contributing to responsible and sustainable management;

Amendment 34 #

Draft opinion
Paragraph 13

13. Points out that mutual societies have a role to play in meeting these challenges alongside the private sector, and that in order to do so they must be able to compete on equal terms with other forms of undertaking in the EU; underlines that the existing European statutes like the European Cooperative (SCE) or the European Company (SE) are not suitable for mutual societies due to the differences between their business models;

Amendment 35 #

Draft opinion
Paragraph 13 a (new)

13a. Points out that the EU should take the specific nature of the capital of mutuals into account when devising legislation regarding fund requirements; underlines that a European Statute would make it possible to maintain this specificity while allowing to reach more persons through cross-border activity;

Amendment 36 #

Draft opinion
Paragraph 14

14. Regards as regrettable the gap in EU legislation, as mutual societies are not specifically mentioned in the treaties and respect for their business models is not covered by any secondary legislation, which refers only to public and private enterprises, which undermines the status of mutual societies, their development and the establishment of a cross-border group and therefore believes that Mutual Societies should be included in Article 54 TFEU in order to ensure that the diversity of enterprises is fully anchored in the Treaties;

Amendment 37 #

Draft opinion
Paragraph 14

Amendment 38 #

Draft opinion
Paragraph 14 a (new)

14a. Recognises that a number of mutuals do operate with a cooperative legal form and are included as part of the International Co-operative Alliance through their involvement with the International Cooperative and Mutual Insurance Federation.

Amendment 39 #

Draft opinion
Paragraph 15

15. Points out that the European statute for a mutual society is essential for achieving better integration in the single market and thereby helping to achieve the growth and employment objectives of the 2020 strategy; stresses that a European statute would also facilitate the mobility of European citizens by enabling Mutual Societies to provide services in several Member States and thus create more continuity and coherence in the single market;

Amendment 4 #

Draft opinion
Paragraph 1 b (new)

1b. Stresses that two main types of mutual societies exist in Europe, which are 'mutual benefit' (or 'health providence') societies and 'mutual insurance' societies. "Mutual benefit" societies provide welfare coverage supplementary, complementary or integrated into statutory social protection systems. "Mutual insurance" societies can cover all types of property and life risks. In some Member States mutual societies can even provide services in other fields such as housing or credit;

Amendment 40 #

Draft opinion
Paragraph 15

15. Points out that the European statute for a mutual society is essential for achieving better integration in the single market ~~and thereby helping~~, for enhancing awareness of their specific qualities and for enabling mutual societies to make a greater contribution to achieveing the growth and employment objectives of the 2020 strategy;

Amendment 41 #

Draft opinion
Paragraph 15 a (new)

15a. Points out that the European statute for mutual societies would provide a way of promoting the mutualist model throughout an enlarged Europe, especially in the new Member States, where it is not covered by some legal systems. A European regulation, which would naturally be applicable throughout the whole of the European Union, would have the dual advantage of providing these countries with a European reference statute and of contributing to the status and public profile of this kind of undertaking.

Amendment 42 #

Draft opinion
Paragraph 15 a (new)

15a. Underlines that the statute could provide opportunities for mutual societies to create economies of scale in order to maintain competitiveness in the future and it would increase recognition of the value of mutual societies within European policy making;

Amendment 43 #

Draft opinion
Paragraph 16

16. Stresses that mutual societies are solid and durable elements which have better withstood the financial crisis in all economies and have contributed to a more resistant, diversified market, particularly in the area of insurance and social protection; points out that mutual societies are particularly active in the area of population ageing and social needs, and that the involvement of mutual societies in the area of pensions offers additional opportunities for EU citizens;

Amendment 44 #

Draft opinion
Paragraph 16

16. Stresses that mutual societies are solid and durable elements which have ~~better~~well withstood the financial crisis in all economies, particularly in the area of insurance and social protection; points out that mutual societies are particularly active in the area of population ageing and social needs, and that the involvement of mutual societies in the area of pensions offers additional opportunities for EU citizens and that mutual societies have a role to play in preserving the European social model;

Amendment 45 #

Draft opinion
Paragraph 16

16. Stresses that mutual societies are solid and ~~durable element~~sustainable organisations which have better withstood the financial crisis in all economies, particularly in the area of insurance and social protection; points out that mutual societies are particularly active in the area of population ageing and social needs, and that the involvement of mutual societies in the area of pensions offers additional opportunities for EU citizens;

Amendment 46 #

Draft opinion
Paragraph 16 a (new)

16a. Underlines that mutual societies have no shares but are owned jointly and that surpluses are reinvested rather than distributed to the members, stresses that this has helped mutual societies to resist the crisis better than other private sector entities;

Amendment 47 #

Draft opinion
Paragraph 16 c (new)

16c. Notes that a European Statute would be a voluntary tool additional to existing national legal provisions applying to mutual societies and would thus not affect the already existing statutes, but would rather be a "28th" system facilitating mutuals to have cross-border activities;

Amendment 48 #

Draft opinion
Paragraph 17

17. Calls on the Commission to take into account the specific characteristics of mutual societies so as to ensure a level playing field, with a view to avoiding additional discrimination and ensuring that any new legislation is proportionate as well as guaranteeing a fair and competitive market.

Amendment 49 #

Draft opinion
Paragraph 17

17. Calls on the Commission to take into account the specific characteristics of mutual societies so as to ensure a level playing field, with a view to avoiding additional discrimination and guaranteeing a fair ~~and~~, competitive and sustainable market.

Amendment 5 #

Draft opinion
Paragraph 2

2. Points out that mutual societies play a major role in ~~the EU~~some Member States' economy by providing health care and social services to more than 160 million European citizens, that they represent more than EUR 180 billion in insurance premiums and that they employ over 350 000 people in the EU; points out that in other Member States, this kind of services is offered by cooperatives;

Amendment 50 #

Draft opinion
Annexe - Paragraph 17 a (new) - Recommendation 1 (new)

17a. Considers that the diversity of enterprises should be clearly anchored in the EU Treaty and proposes to include mutual societies in the article 54 of the EU Treaty;

Amendment 51 #

Draft opinion
Annexe - Paragraph 17 b (new) - Recommendation 2 (new)

17b. Considers that a legal proposal for a Regulation on a European Mutual Society should comprise legal provisions in order: - to allow the existence of European Mutual Societies on the basis of individual or legal persons; - to allow Mutuals to freely operate in the European Single Market thus strengthening the principles of the Single Market itself; - to allow Mutuals to take the advantages stemming from a European Group of Mutuals in particular in the context of Solvency 2 for the mutuals societies providing insurance;

Amendment 52 #

Draft opinion
Annexe - Paragraph 17 c (new) - Recommendation 3 (new)

17c. Considers that a combination of strategies and measures is required to establish a level playing field for mutual societies which gives them equal possibilities to add a European dimension to their organisation and activities and to provide mutual societies with adequate legal instruments to facilitate their cross- border and trans-national activities. In this respect, Mutuals societies could operate across EU according to their specific governance;

Amendment 53 #

Draft opinion
Annexe - Paragraph 17 d (new) - Recommendation 4 (new)

17d. Calls on the Commission to take into account that making available such an optional Regulation in Member states' legislation which should embody mutuals societies' governance characteristics and principles; define accordingly the conditions of acquisition and loss of membership and the rights and duties of members; and formation by natural or legal persons which could create groups of mutuals, winding up and liquidation of the European Mutual Society and distribution of assets;

Amendment 54 #

Draft opinion
Annexe - Paragraph 17 e (new) - Recommendation 5 (new)

17e. Calls on the EU Commission to introduce into the proposed regulation the main characteristics of Mutual societies’ person-based societies, operating essentially according to the principle of self-governance, where the members or their representatives take part directly in defining the mutual society's policy or have the right to influence that policy. Mutual societies do not aim to make profit for distribution to external shareholders and are based on individual affiliation and open enrolment. They are non- discriminatory as far as risk selection is concerned, democratically oriented by their members and financed through solidarity, with a view to improving social conditions of local communities and of wider society in the spirit of mutuality;

Amendment 55 #

Draft opinion
Annexe - Paragraph 17 a (new) - Recommendation 6 (new)

17a. Calls on the EU Commission to introduce into the proposed regulation the main characteristics of Mutual societies’ person-based societies, operating essentially according to the principle of self-governance, where the members or their representatives take part directly in defining the mutual society's policy or have the right to influence that policy. Mutual societies do not aim to make profit for distribution to external shareholders and are based on individual affiliation and open enrolment. They are non- discriminatory as far as risk selection is concerned, democratically oriented by their members and financed through solidarity, with a view to improving social conditions of local communities and of wider society in the spirit of mutuality.

Amendment 56 #

Draft opinion
Annexe - Paragraph 17 a (new) - Recommendation 7 (new)

17a. Underlines that a European statute for mutual societies should be supplemented by a Directive with regard to the involvement of employees, not watering down existing workers rights on information, consultation and participation and provide for adequate provisions on employee involvement that have to be negotiated before the establishment of a new European mutual society. Minimum standards should be guaranteed: Employees should be consulted and informed regarding all issues which might significantly affect their interests, such as conditions of employment, structural changes of the society, cross-border issues, vocational training and health and safety of employees. Forms of escape from co- determination, e.g. by moving the headquarters from one Member State to another, should be prevented.

Amendment 57 #

Draft opinion
Annexe - Paragraph 17 a (new) - Recommendation 8 (new)

17a. Underlines the importance of the solidarity principle in mutual societies where clients are also members and thus share the same interests; recalls the principle of common ownership of the capital and its indivisibility; stresses the importance of the principle of disinterested distribution in case of liquidation, that is to say that assets should be distributed to other mutual societies or to a body having as object the support and promotion of mutual societies;

Amendment 58 #

Draft opinion
Annexe - Paragraph 17 a (new) - Recommendation 9 (new)

17a. Stresses that a European Statute for mutual societies should not affect national systems for statutory social security managed by mutual societies;

Amendment 6 #

Draft opinion
Paragraph 2

2. Points out that mutual societies play a major role in the EU economy by providing health care and social services to more than 160 million European citizens, that they represent more than EUR 180 billion in insurance premiums and that they employ over 350.000 people in the EU; stresses that mutual societies facilitate access to care and social inclusion and participate fully in the provision of services of general interest within the European Union;

Amendment 7 #

Draft opinion
Paragraph 4

4. Stresses that with a 25% share of the insurance market and 70% of the total number of undertakings in the industry, mutual societies cannot continue to be forgotten by the single market;1, and that they should be given a European statute to place them on an equal footing with other forms of undertaking in the Union; emphasises that the diversity of forms of entrepreneurship is an asset that should be fully recognised and encouraged; ____________ 1 COM(2011)0206.

Amendment 8 #

Draft opinion
Paragraph 5

5. ~~Notes that retirement and survivor's pensions make up the largest sha~~Points out that mutuals are particularly active in the area of health, long-term care, pensions and social services including ageing population and that the involvement of mutuals as major stakeholders is crucial for the long-lasting future of social protection ~~expenditure and~~, considering that population ageing ~~risk~~is putting public expenditure on social protection under pressure;

Amendment 9 #

Draft opinion
Paragraph 5

5. Notes that retirement and survivor’s pensions make up the largest share of Member States’ social protection expenditure ~~and that population ageing~~, that population ageing currently poses major challenges to European companies, particularly straining national budget balances, and risksing putting public expenditure on social protection under pressure;

source: PE-497.912

2012/11/28 JURI 14 amendments...

Amendment 1 #

Motion for a resolution
Citation 7 a (new)

– having regard to its resolution of 19 February 2009 on Social Economy1,

Amendment 10 #

Dimitar STOYANOV

Motion for a resolution
Annex – Recommendation 2 – indent 1

– mutual societies organise ~~services and provisions~~a broad spectrum of insurance services, loan services and other services, in the interests of their members, on a basis of solidarity and in a collectively financed manner;

Amendment 11 #

Dimitar STOYANOV

Motion for a resolution
Annex - Recommendation 3 - point 4 (new)

– since the framework within which mutual societies operate differs from one Member State to another, the regulation should ensure that European mutual societies are able to freely define their own objects and to provide a broad spectrum of services, including social insurance and health insurance and the granting of loans, to their members.

Amendment 12 #

Motion for a resolution
Annex – Recommendation 4 – indent 1

– The European mutual society should be managed democratically and financed collectively for the benefit of its members. The Statute should stipulate that the members are the collective owners of the mutual organisation.

Amendment 13 #

Motion for a resolution
Annex – Recommendation 4 – indent 2

– The statutes of a European mutual society should lay down governance and management rules providing for the following: a general meeting (which can be composed as a meeting of all members or a meeting of delegates of the members), a supervisory organ and a management or administrative organ, depending on the form adopted in the statutes.

Amendment 14 #

Motion for a resolution
Annex – Recommendation 4 – indent 3

–Each member (natural or legal person) or delegate of the general meeting should ~~have one vot~~in principle have equal votes. Different voting weights should be possible.

Amendment 2 #

Motion for a resolution
Recital E

E. whereas, due to their diversity, mutual societies in Europe exist within a very ~~fragmented~~diverse framework, as regards the services provided by them, or their dimension, or their mission, or their geographical impact;

Amendment 3 #

Motion for a resolution
Recital E a (new)

~~1 OJ C 76 E, 25.3.2010, p.16.~~ Ea. whereas, despite their diversity, mutual societies organise services and provisions in the interest of their members on a basis of solidarity and in a collective financed manner, they organise themselves democratically and use their surplus of their activities for the benefits of their members;

Amendment 4 #

Motion for a resolution
Recital G

G. whereas mutual societies play a major role in the Union's economy by providing health care ~~and social~~, social services and affordable insurance services to more than 160 million European citizens; whereas they represent more than EUR 180 billion in insurance premiums and employ over 350 000 people;

Amendment 5 #

Motion for a resolution
Recital G a (new)

Ga. whereas in some Member States statutory health insurance funds are prohibited from operating as private- sector companies;

Amendment 6 #

Dimitar STOYANOV

Motion for a resolution
Recital L a (new)

La. whereas in some Member States, alongside insurance services, mutual societies provide low- or zero-interest loan services to their members;

Amendment 7 #

Motion for a resolution
Recital P

P. whereas in at least six Member States of the Union and the EEA, it is legally impossible to create a mutual- type organisation;

Amendment 8 #

Motion for a resolution
Recital S a (new)

Sa. whereas the lack of a statute still impedes cross-border cooperation and merger of mutuals;

Amendment 9 #