98/215/EC: Commission Decision of 13 March 1998 setting up a consultative committee for cooperatives, mutual societies, associations and foundations (CMAF) (Text with EEA relevance)
Date: 1998-03-13
Institutions: European Commission
Subjects: advisory committee (EU), association, cooperative, foundation, mutual assistance scheme, social policy

18. 3. 98

EN

Official Journal of the European Communities

L 80/51

COMMISSION DECISION

of 13 March 1998

setting up a consultative committee for cooperatives, mutual societies, associ-
ations and foundations (CMAF)

(Text with EEA relevance)

(98/215/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Whereas cooperatives, mutual societies, associations and
foundations are all undertakings with inherent character-
istics which mean that they belong to the category of
undertakings in the ‘social economy';

Whereas, like other undertakings in the market sector,
these undertakings must be able to benefit
from the
opportunities deriving from the achievement of the single
market and from economic and monetary union;

the Commission
Whereas, on 18 December 1989,
presented to the Council of Ministers of
the EC a
communication on ‘Businesses in the social economy
sector (cid:190) Europe’s frontier-free market'
(SEC(89) 2187
final); whereas, in 1992, the Commission subsequently
submitted to the Council three proposals for Regulations,
amended in 1993, on the statutes for a European co-
operative society, a European mutual society and a Euro-
pean association, as well as three proposals for Directives
supplementing these statutes with regard to the role of
employees (1);

Whereas, on 17 February 1994,
the Commission
presented to the Council a proposal for a Decision on a
multiannual programme (94-96) of actions in favour of
CMAF in the Community; whereas this Decision was
amended on 8 June 1995 subsequent to the opinion of
the European Parliament (2);

Whereas the CMAF are playing an increasingly important
role in representing individuals, in defending their demo-
cratic rights and in meeting their needs;

Whereas a growing number of Community policies have
an impact on undertakings in the social economy and
there is a need to ensure that the Commission’s policy on
cooperatives, mutual societies, associations and founda-
tions is integrated into the other policies;

Whereas the Commission, in order to clarify its policy in
the sector, must be able to consult the sector’s socio-
professional organisations on all matters likely to have an
impact on the activities of undertakings in the social
economy; whereas close and ongoing contact with the
representatives of the sector may contribute towards the
implementation of its policy;

the organisations

Whereas
in the CMAF sector are
currently consulted through a consultative committee
which has been functioning since 1995 on the basis of
subsidies granted annually by the Commission;

Whereas the most appropriate method of organising these
contacts is to set up within the Commission a consult-
ative committee on which the operators in the social
economy are represented,

HAS DECIDED AS FOLLOWS:

Article 1

consultative
The Commission hereby
committee for cooperatives, mutual societies, associations
and foundations (CMAF), hereinafter called ‘the Commit-
tee'.

establishes

a

Article 2

Whereas, on 4 June 1997, the Commission presented a
communication on ‘Promoting the role of voluntary or-
ganisations and foundations in Europe' (3);

(1) Initial text: OJ C 99, 21. 4. 1992; modified text: OJ C 236,

31. 8. 1993.

(2) The Commission decided to withdraw this proposal on 29
July 1997, as the Council had never adopted it and the
programme had become obsolete.

(3) COM 241/97.

The Committee may be consulted by the Commission on
all questions relating to the promotion and implementa-
tion of Community policy on the social economy; its task
shall be to advise the Commission on all problems
relating, in particular, to:

(cid:190) actions and progammes in favour of cooperatives,
mutual societies, associations and foundations in the
Community,

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Official Journal of the European Communities

18. 3. 98

(cid:190) the participation of cooperatives, mutal societies, asso-
ciations and foundations in the implementation of the
various Community policies,

(cid:190) the role played by the sector of cooperatives, mutual
societies, associations and foundations in creating jobs
and strenthening economic and social cohesion,

Article 5

The Commission shall publish the list of full members
and alternates for information in the Official Journal of
the European Communities.

(cid:190) proposals

for

legislative measures concerning co-
operatives, mutual societies, associations and founda-
tions.

Article 3

1.

The Committee shall be composed of 24 members.

The seats shall be allocated in equal parts to repres-
2.
entatives of organisations representative of
the three
families making up the social economy, namely 8 for
cooperatives, 8 for mutal societies and 8 for associations/
foundations.

Article 4

The members of the Committee shall be appointed

1.
by the Commission.

2. An equal number of alternates shall be appointed
under the same conditions as the full members. The
alternate shall automatically replace a full member who is
absent or prevented from attending.

Without prejudice to Article 7, the alternate shall attend
the meetings of the Committee and take part in its work
only if
for whom he deputises is
the full member
prevented from attending.

3.
For each of the seats allocated to them, the organisa-
tions representing the three families shall propose to the
Commission three candidates as full members and three
candidates as alternates.

The term of office of members shall be three years

4.
and shall be renewable.

5.
The term of office of a full member or alternate shall
lapse before the end of the three year period in the event
of resignation, termination of membership of the organ-
isation which he represents, winding-up of the organisa-
tion or if the organisation which the member represents
requests his replacement. In such cases, new members
shall be appointed from the most recent list of candidates,
as provided for in Article 3, and for the remainder of the
term of office.

6. Membership shall not
payment.

confer

entitlement

to

7. Upon the expiry of
the
members shall remain in office until they are replaced or
the term of office is renewed.

the three-year period,

Article 6

The Commission shall hold the chairmanship of the
1.
Committee. The Committee shall elect
three vice-
chairmen, one for each family, who shall hold office for a
period of three years. The election shall be by a majority
of two thirds of the members present.

2.
By the same majority, the Committee may appoint
other members to the steering committee. The steering
committee shall prepare and organise the work of the
Committee.

Article 7

The chairman or the steering committee may invite to
take part in its work, as an expert, any person with a
particular expertise in an item on the agenda. Experts
shall take part in the deliberations only for the items
which are the reason for their presence.

Article 8

The Committee may set up working parties from amongst
its members, subject to agreement by the Commission.

Article 9

The Committee shall meet at

1.
the
Commission at the invitation of the Commission. Meet-
ings shall be held at least once a year. A quorum is
established if the meeting is attended by at least eight
members, with at
the
families.

least one member for each of

the seat of

2.
In urgent cases, the Committee may, at the request
of the Commission, be consulted by written procedure.

5.
The Commission shall provide secretarial services for
the Committee, the steering committee and the working
parties.

Article 10

1.
The Committee shall deliberate on requests for opin-
ions drawn up by the Commission. The Committee may
also express own-initiative opinions. The positions of the
members and, as the case may be, of each family shall be
recorded in minutes transmitted to the Commission and
the members
the
Committee.

(full members and alternates) of

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L 80/53

2. When requesting an opinion from the Committee,
the Commission may fix a deadline by which the opinion
must be given.

In such cases, only members of the Committee and
2.
representatives of the Commission shall take part in the
meetings.

Article 11

This Decision shall enter into force on 20 March 1998.

Article 12

the Committee are required not

1. Without prejudice to Article 214 of the EC treaty,
to
the members of
divulge information obtained from their work in the
Committee or its working parties,
if the Commission
informs them that the opinion requested or the question
raised relates to a confidential matter.

Done at Brussels, 13 March 1998.

For the Commission

Christos PAPOUTSIS

Member of the Commission