European Parliament legislative resolution on the Draft Council regulation on the Statute for a European Company (SE) (14886/2000 – C5-0092/2001 — 1989/0218(CNS))
Date: 2001-09-04
Institutions: European Parliament
Subjects: European company, European legal status, economic and social cohesion, economic cooperation, social status, wage earner

C 72 E/64

Official Journal of the European Communities

EN

21.3.2002

Tuesday 4 September 2001

TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 16
Article 69

Five years at the latest after the entry into force of this Regu-
lation, the Commission shall forward to the Council and the
European Parliament a report on the application of the Regu-
lation and proposals for amendments, where appropriate. The
report shall, in particular, analyse the appropriateness of:

Three years at the latest after the entry into force of this Regu-
lation, the Commission shall forward to the Council and the
European Parliament a report on the application of the Regu-
lation and proposals for amendments, where appropriate. The
report shall,
in particular, analyse the impact of this Regu-
lation on small and medium-sized enterprises, in particular
any obstacles to their forming an SE, and the appropriateness
of:

(a) allowing the location of an SE(cid:146)s head office and registered

(a) allowing the location of an SE(cid:146)s head office and registered

office in different Member States;

office in different Member States;

(b) broadening the concept of merger in Article 17(2) in order
to admit also other types of merger than those defined in
Articles 3(1) and 4(1) of Directive 78/855/EEC;

(b) broadening the concept of merger in Article 17(2) in order
to admit also other types of merger than those defined in
Articles 3(1) and 4(1) of Directive 78/855/EEC;

(c)

revising the jurisdiction clause in Article 8(16) in the light
of any provision which may have been inserted in the
1968 Brussels Convention or in any text adopted by
Member States or by the Council to replace such Conven-
tion;

(c)

revising the jurisdiction clause in Article 8(16) in the light
of any provision which may have been inserted in the
1968 Brussels Convention or in any text adopted by
Member States or by the Council to replace such Conven-
tion;

(d) allowing provisions in the statutes of an SE adopted by a
Member State in execution of authorisations given to the
Member States by this Regulation or laws adopted to
ensure the effective application of
this Regulation in
respect to the SE which deviate from or are complemen-
tary to these laws, even when such provisions would not
be authorised in the statutes of a public limited-liability
company having its registered office in the Member State.

(d) allowing provisions in the statutes of an SE adopted by a
Member State in execution of authorisations given to the
Member States by this Regulation or laws adopted to
ensure the effective application of
this Regulation in
respect to the SE which deviate from or are complemen-
tary to these laws, even when such provisions would not
be authorised in the statutes of a public limited-liability
company having its registered office in the Member State;

(da)

approximating the fiscal rules applicable to SEs in
order to solve the problems resulting from links with dif-
ferent systems of taxation.

European Parliament legislative resolution on the Draft Council regulation on the Statute for a
European Company (SE) (14886/2000 (cid:129) C5-0092/2001 (cid:129) 1989/0218(CNS))

(Consultation procedure (cid:129) renewed consultation)

The European Parliament,

(cid:129) having regard to the Draft Council regulation (14886/2000),

(cid:129) having regard to the Commission proposal to the Council (COM(1989) 268) (1) amended in 1991 by

COM(1991) 174) (2),

(cid:129) having regard to its position at first reading of 24 January 1991 (3) confirmed on 2 December 1993 (4)

and 27 October 1999 (5),

(1) OJ C 263, 16.10.1989, p. 41.
(2) OJ C 138, 29.5.1991, p. 8.
(3) OJ C 48, 25.2.1991, p. 72.
(4) OJ C 342, 20.12.1993, p. 30.
(5) OJ C 154, 5.6.2000, p. 46.

21.3.2002

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Official Journal of the European Communities

C 72 E/65

Tuesday 4 September 2001

(cid:129) having been consulted by the Council again under Article 308 of the EC Treaty (C5-0092/2001),

(cid:129) having regard to Rule 67 and 71(2) of its Rules of Procedure,

(cid:129) having regard to the report of the Committee on Legal Affairs and the Internal Market and the

opinion of the Committee on Employment and Social Affairs (A5-0243/2001),

1.

Approves the Council draft as amended;

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC

2.
Treaty;

Calls on the Council to notify Parliament should it intend to depart from the text approved by

3.
Parliament;

4.

5.

Asks to be consulted again if the Council intends to amend the draft regulation substantially;

Instructs its President to forward its position to the Council and Commission.

4.

Involvement of employees in the Statute for a European company *

A5-0231/2001

Draft Council directive supplementing the Statute for a European Company with regard to the
involvement of employees (14732/2000 (cid:129) C5-0093/2001 (cid:129) 1989/0219(CNS))

The proposal was amended as follows:

TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 308 thereof,

Having regard to the Treaty establishing the European Com-
munity, and in particular the third indent of Article 137(3),

Amendment 1
Citation 1

Amendment 2
Recital 3a (new)

(3a) The purpose of this Directive is to establish minimum
requirements for the information, participation and consul-
tation of employees in undertakings within the European
Community.

Amendment 3
Recital 5a (new)

It is, however, appropriate to harmonise the national
since

(5a)
implementing provisions of
acquired rights are not called into question,

the Member States,