Where do we stand?
On 10 November 2009 the European Commission released the outcomes of the public consultation on a European Foundation Statute (EFS) carried out from February to May 2009. Outcomes of the consultation show a strong support for a EFS from the non-profit sector.
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Read the EFC-DAFNE statement on the results of the public consultation
> Read more about the key outcomes
> Read respondents’ individual contributions and a synthesis of the responses received
Contributions received in the framework of the public consultation and the findings of the feasibility study on a EFS published on 15 February 2009 will help the Commission assess the need for and the impact of a European Foundation (EFS).
> Read more about the feasibility study
Both the feasibility study and the public consultation will feed into the impact assessment process that the European Commission has to undertake before submitting any legislative proposal for adoption by the EU institutions. The impact assessment analyses the proposed initiative, its objectives, and its likely impacts in the economic, environmental and social fields.
The EU impact assessment process at a glance (44kb)
The results of the assessment should not be available before the new Commission takes office. The EFC trusts that the European Commission, based on the clear recommendation of the feasibility study, will complete its impact assessment and issue a proposal for a regulation when the new Commission takes office. The new Commissioner responsible for internal market issues and company law will decide upon the next steps concerning the European Statute for foundations. Hopefully the Commission Directorate-General for internal market an services will start drafting a proposal for a regulation for review and approval by the full college of Commissioners. Once approved by the Commission the proposal will be shared with the Council of Ministers representing the governments of the 27 Member States for approval and to the European Parliament for consultation.
How can you contribute to the process?
There are different ways in which you can contribute to the EFC's efforts to increase awareness and support for the creation of a European statute for foundations at European and national level.
What you can do:
- Share with us your experience and views on cross-border work and the EFS!
- Contact your national and European representatives!
You want to contribute: please go to the "Support the Statute" page or contact us at eu@efc.be
Why is a European Foundation Statute (EFS) needed?
Foundations and their funders are increasingly working across borders. However, a number of civil and tax law barriers are hampering foundations’ current work. The lack of appropriate legal tools means that new European initiatives by foundations are delayed or abandoned.
A European Foundation Statute will offer them an appropriate legal tool to perform and increase their work and operations across Europe.
The European Foundation Statute would provide the following opportunities:
- For foundations to facilitate and increase cross-border work and cooperation. It would offer legal certainty and cost savings. It would be a trusted and flexible legal tool that would ease cross-border operations and enable foundations to group their organisation and/or to further develop their organisation and activities.
- For donors to help mobilise and channel private assets for public benefit across Europe.
- For citizens a robust and flexible tool to support citizen action at EU level and beyond.
- For companies to serve as a dedicated tool to develop a coherent European community investment policy.
Should a European Foundation Statute proposal be put forward by the Commission, its objective would be similar to that sought with other European legal forms, i.e. to make possible the use of a single legal form instead of up to 27 national ones. In other terms, the Statute would allow a foundation to register as a "European Foundation" in one Member State, and at the same time be recognised and operational throughout the European Union. This new legal form would exist in parallel to the national legal forms and its use would be optional.
> See background materials about the European Foundation Statute and proposals on the scope and content of a European Foundation Statute here