1.What is your overall assessment of the Single Market Act? X

Consulta sobre el Acta del Mercado Único
Del 27.10.2010 al 28.2.2011
Objetivo de la consulta
El 27 de octubre de 2010 la Comisión adoptó el Acta del Mercado Único. Durante un
plazo de cuatro meses, que finalizará el 28 de febrero de 2011, las 50 propuestas
de las que consta el Acta son objeto de un debate público. Tras esa consulta, la
Comisión propondrá sellar el compromiso de las demás Instituciones en una versión
final del Acta del Mercado Único.
RESPUESTA ASOCIACIÓN ESPAÑOLA DE FUNDACIONES
1. What is your overall assessment of the Single
Market Act?
X positive
Additional explanation (max 2000 Characters):
We welcome the proposals of the Commission especially those that have the
objective of improving the social aspects of the internal market.
In particular the decision of the European Commission to present a
regulation on a European Foundation Statute by the end of 2011.
We also welcome the initiative of the Commission to increase the
consultation and dialogue with civil society in the preparation and
implementation of texts, as it acknowledges the importance of civil society
and of the different forms that citizens have to participate in the design of
their future.
Finally we hope that the proposed review of the VAT system will serve to
solve the problems of the current one, especially for non-profit
organisations.
2. The Single Market Act proposes 50 actions:
please indicate the actions you consider to be
the most important (up to 10 choices possible?
37. Social innovation
20. VAT
48. Consultation and dialogue with civil society
Additional explanation (max 6000 Characters):
We are at a critical juncture to build a citizens' Europe and we believe that
actions, 37, 20 and 48, could contribute significantly to the strengthening of
the third sector and therefore of a truly European civil society.
Respuesta Asociación Española de Fundaciones a la Consulta sobre el Acta de Mercado Único
Europeo – marzo 2011
37. We welcome the proposed initiative to present a regulation on a
European Foundation Statute by the end of 2011.
The contribution of European foundations to socio-economic development in
Europe is very important.
A European Foundation Statute will enhance the EU legal framework on
Foundations and its transparency; will reduce legal and administrative
barriers; will make donation procedure smoother, both cross-border
activities of particulars and corporations; will contribute to the Economic
Integration Process and consolidate a European civil society, in the current
globalized context in which threats and common challenges claim for a
European approach to get definitively solved.
An EFS may also serve as a benchmark for foundations in terms of
accountability; and have further positive effects on the behaviour of donors;
the corporate sector; and on the European economy.
20. The announced fundamental review of the VAT system, is a unique
opportunity to solve the problems that this system poses for non profit
organisations.
As it was stated on the report of the European Parliament on the
Commission communication to the Council, the European Parliament and the
Economic and Social Committee on tax policy in the European Union –
Priorities for the years ahead - (COM(2001) 260 – C5-0597/2001 –
001/2248
2001/2248
(COS)) which considers that “…. when the
Sixth VAT Directive was originally drafted, the particular needs of charities
were not taken into account; therefore, despite their role as service
providers in key areas of the economy, notably health, education and
welfare, they are treated as consumers under existing VAT rules because
their activities are either considered non-business or exempt under Article
13(A) of the Sixth Directive; urges the Commission to introduce a similar
refund scheme on the grounds that it would be simple to introduce and
administer and would not have an impact on the rest of the supply chain”
The current review is a unique opportunity to guarantee that the majority of
the foundations resources can be used for the achievement of their
objectives – which are of public interest –
48. We welcome the proposal to increase consultation and dialogue with
civil society in the preparation and implementation of texts. There is a
need for setting up a framework which allows continued, transparent and
structured involvement of civil society organizations in the process from
agenda setting to policy evaluation and reformulation at all levels. The
increase of the consultation and dialogue with civil society will lead to a
greater involvement of citizens in European processes.
Civil society has the capacity to create the common ground necessary for
connecting individual interests with public needs. Maintaining this balance is
essential to finding solutions to vital challenges that demand public
resolution. It is very important to listen to civil society because it is a vital
voice for both social and economic development of society.
Respuesta Asociación Española de Fundaciones a la Consulta sobre el Acta de Mercado Único
Europeo – marzo 2011
3. Does the Single Market Act propose appropriate
measures to address the issues/challenges that
are identified?
Yes
Additional explanation (max 2000 Characters):
Regarding an EFS, we welcome in particular the decision by the European
Commission to present a regulation on a European Foundation Statute by
the end of 2011.
The Commission has now given attention to the clear evidence for the need
and support for a EFS shown by the European feasibility study and the
results of the public consultation released in 2009, not to mention the calls
repeatedly made by the foundation sector and its representative
organisations.
It can be stated that an EFS is the most cost-effective policy option for
addressing the administrative and legal barriers that foundations face in
their cross-border activities.
If we analyze existing civil laws we can conclude the existence of legal
barriers such as:
•
Difficulty in transferring the seat to another Member State – either the real
seat or the registered seat.
•
Difficulty in recognizing foreign foundations’ legal personality – recognition
procedures exist in several Member States.
•
Legal insecurity over national recognition of ”general interest” nature or
“public benefit” status of resident foundations’ cross-border work.
Apart from these legal burdens, we would like to emphasize the following
administrative barriers:
•
Administrative burden and cost to foundations of dealing with a diversity of
national rules.
•
Administrative burden and cost to foundations of setting up several branches
in other countries, which requires continuous legal advice.
•
Lack of a European legal instrument for foundations and lack of knowledge
regarding 27-EU national rules on foundations, entail a legal insecurity in
relation to cross-border foundation activities and hinder the possibility of
transfer of seat or of setting-up branches in other Member states.
Respuesta Asociación Española de Fundaciones a la Consulta sobre el Acta de Mercado Único
Europeo – marzo 2011
The EFS would be a new, additional, and optional statute, governed by
European law. It would allow foundations and funders to set up a European
Foundation (EF) with the same conditions throughout the EU.
4. Are there any other issues you consider should
be addressed in the Single Market Act in the
chapter on “Strong, sustainable and equitable
growth for business?”
No
Which ones (max 4000 Characters):
N/A
5. Are there any other issues you consider should
be addressed in the Single Market Act in the
chapter on “Restoring confidence by putting
Europeans at the heart of the single market?”
No
Which ones (max 4000 Characters):
N/A
6. Are there any other issues you consider should
be addressed in the Single Market Act in the
chapter on “Dialogue, partnership, evaluation:
the key to good governance in the single
market?
No
Which ones (max 4000 Characters):
N/A
Respuesta Asociación Española de Fundaciones a la Consulta sobre el Acta de Mercado Único
Europeo – marzo 2011