Legislation : The European Experience Co-operative Legislation : The European Experience Jan-Eirik Imbsen Development Director ICA Audio visual Library, European Commission 7 th Cooperative Ministers’ Conference for Asia-Pacific, New Delhi, 3 February 2004

Presentation Outline About ICA Europe The economic significance of co-operatives in the European region Creating a sound legislative environment for co-operative development

ICA in % Geneva EuropeAsia % New Delhi Established in: Nº member organisations: Nº countries: Individual membership: Based in:

ROEP’s Priorities Strengthen European Cohesion Promote Co-operatives as key economic players Development

Co-ops in Europe Over 130,000 co-operatives in the EU Exist in all EU Member States and acceding countries Provide 2.3. million jobs and services to 60 million members in EU plus 23 million in the acceding countries Rapidly developing in rest of the region

Share in National Economies 97% of Finnish dairy 95% of Dutch flowers 66% of Swedish day care centres 66% of credit services in Portugal 50 % of German agriculture 2 nd largest employer in Switzerland 5 th and 6 th largest banks in France

Nature of National Co-operative Legislation Comprehensive general law (e.g. Germany, Hungary, Spain) Reference in national laws of general application (e.g Civil code Switzerland) Sector specific (e.g. Housing law Poland) No co-op legislation (e.g Denmark, Norway)

Many public authorities have identified the co- operative form as an effective way of promoting balanced and solidarity based growth. This role is recognised by the entrepreneurship pillar of the European Employment Strategy (guideline EES). Increasing Recognition

Innovative Entrepreneurial Forms France : SCIC « Société Coopérative d’Intérêt Collectif » UK : « Community Interest Company »

The Participatory Approach

Highest level policy dialogue with key decision makers resulting in more favourable environment for co-operative development Facilitating Dialogue

New co-operative laws in: Bosnia & Herzegovina Croatia Lithuania Review of co-operative laws in: Romania Hungary Poland

Promoting best practice ICA Legislative Forum, Oslo 2003 : Revision to the Co-operative Law The Italian Experience Moving from no Law to a General Co- operative Law - The Norwegian Experience

ICA Co-operative Principles Voluntary and Open Membership Democratic Member Control Member Economic Participation Autonomy and Independence Education, Training and Information Co-operation among Co-operatives Concern for Community

Key Legislative Instruments UN Guidelines ILO Recommendation 193 European Commission Communication on Co-operatives EU Statute for a European Co-operative Society

Key Message Co-operatives do not demand preferential treatment. They rather call for a level playing field, where the special needs and characteristics of the co-operative form of enterprise are recognised, enabling them to grow, compete and fully exploit their potential for economic and social development.