For more news on the Euroipean Foundation Statute, see Latest news section
Where do we stand?
The European Economic and Social Committee (EESC), the EU’s official advisory body on social and economic matters, has given a clear and strong backing to the Statute by approving with a large majority of the votes the opinion drafted by EESC member Mall Hellam on 28 April 2010. The opinion urges the European Commission to present a proposal for a Regulation on a European Foundation Statute to support public-benefit activities for its adoption by the Council and the European Parliament in due course.
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Read EESC’s opinion on an EFS
> Read EFC-DAFNE joint statement on EESC’s opinion on an EFS
The European Commission is currently working towards the impact assessment process which it has to undertake before submitting any new legislative proposal for adoption by the EU institutions. The impact assessment aims to analyse 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)
As part of this process, the Directorate-General Internal Market and Services, in charge of the issue, is gathering information which will help it assess the need for and the impact of a European Statute for foundations. Commissioner for Internal Market and Services, Michel Barnier, will be in charge of taking a decision upon the next steps concerning the creation of this new legal instrument.
The Commission's decision will build upon the following elements:
- Reflection on potential action to promote social entrepreneurship and innovation
The cabinet of Commissioner Barnier is currently considering potential action to promote social entrepreneurship and social innovation, including a series of new initiatives among which a European Statute for foundations and philanthropic bodies, in line with the proposals announced by the Commissioner during his hearing as Commissioner-designate at the European Parliament on 13 January 2010, read more
At this stage and before launching any work within the EC Directorate General for Internal Market and Services, the Cabinet is sounding out various stakeholders to see how best to facilitate the development of social “entrepreneurship” at EU level. For further information, read more
- Public consultation on a European Foundation Statute
On 11 November 2009 the European Commission released the outcomes of the public consultation on the content of a possible European Foundation Statute (EFS) and on how a Statute might affect donors' and founders' attitudes carried out from February to May 2009. Outcomes of the consultation show a strong support for a EFS from the non-profit sector.
> 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
- Feasibility study on an EFS
The public consultation builds upon the findings of a Feasibility Study on a EFS released on 15 February 2009. The Feasibility Study states that the European foundation sector is a major economic force and that the Statute provides the most cost-effective policy option for addressing cross-border barriers and stimulating foundations' activities.
> Read more about the feasibility study
Next steps
It is expected that the European Commission Directorate General Internal Market (DG MARKT) will end their consultation process and take a decision about the impact assessment in the autumn.
The EFC trusts that the European Commission, based on the clear recommendation of the feasibility study and public consultation as well as on the input provided by other EU institutions and representatives, will complete its internal impact assessment and issue 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