18.8.2003 Official Journal of the European Union L2071 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society (SCE) THE COUNCIL OF THE EUROPEAN UNION, panies of all types the business of which is not limited to satisfying purely local needs should be able to plan and carry out the reorganisation of their business on a Having regard to the Treaty establishing the European Com- Community scale. munity, and in particular Article 308 thereof, (3)  The legal framework within which business should be Having regard to the proposal from the Commission (1), carried on in the Community is still based largely on national laws and therefore does not correspond to the economic framework within which it should develop if Having regard to the opinion of the European Parliament (2), the objectives set out in Article 18 of the Treaty are to be achieved. That situation forms a considerable obstacle to the creation of groups of companies from different Having regard to the opinion of the European Economic and Member States. Social Committee (3), (4)  The Council has adopted Regulation (EC) No 2157/ Whereas: 2001 (%) establishing the legal form of the European Company (SE) according to the general principles of the public limited-liability company. This is not an instrument which is suited to the specific features of (1)  The European Parliament adopted resolutions on ! cooperatives. 13 April 1983 on cooperatives in the European Com- munity #), on 9 July 1987 on the contribution of cooperatives to regional development (), on 26 May . . 1989 on the role of women in cooperatives and local (5)  The European Economic Interest Grouping (EEIG), as employment initiatives (°), on 11 February 1994 on the prov1ded.for in Regulation (EEC) .NO 21 37/ 85 (19)’. gllov.vs contribution of cooperatives to regional development () undertakings to promote certain of their activities in and on 18 September 1998 on the role of cooperatives common, while nevertheless preserving their indepen- in the growth of women’s employment (%) dence, but does not meet the specific requirements of cooperative enterprise. (2)  The completion of the internal market and the improve- (6) The Community, anxious to ensure equal terms of ment it bringsabout in the economic and social situation competition and to contribute to its economic develop- throughout the Community mean not only that barriers ment, should provide cooperatives, which are a form of to trade should be removed, but also that the structures organisation generally recognised in all Member States, of production should be adapted to the Community with adequate legal instruments capable of facilitating dimension. For that purpose it is essential that com- the development of their cross-border activities. The United Nations has encouraged all governments to ensure a supportive environment in which cooperatives can participate on an equal footing with other forms of — enterprise (11). (Y 0JC99,21.4.1992, p. 17 and O] C 236,31.8.1993, p. 17. (3 O] C 42, 15.2.1993, p. 75 and opinion delivered on 14 May 2003 (not yet published in the Official Journal). (3) OJ C223,31.8.1992, p. 42. —_— (4 0JC128,16.5.1983,p. 51. (9 OJL 294,10.11.2001, p. 1. (°) OJ C 246, 14.9.1987, p. 94. (19 OJ L 199, 31.7.1985, p. 1. (6 O] C158,26.6.1989, p. 380. (1) Resolution adopted by the General Assembly of the 88th plenary (/) OJC61,28.2.1994, p. 231. meeting of the United Nations, 19 December 2001 (A/RES/56/ (8 OJC313,12.10.1998, p. 234. 114).