Question 41257 — companies

Summary

Mr. Gérard Leseul draws the attention of the Secretary of State to the Minister of the Economy, Finance and Recovery, responsible for the social, solidarity and responsible economy, to the subject of the legal security of aid to cooperative societies of collective interest (Scic). The Scic is an entrepreneurial structure which has the particularity of associating different economic actors, public and private, while reconciling economic activity and general interest. This type of entrepreneurial organization is present in particular in the areas of the fight against medical deserts (Ordinance No. 2018-17 of January 12, 2018 relating to the conditions for the creation and operation of health centers), the development of citizen energy (Enercoop) and shared housing (HLM cooperatives), the transformation of the sports sector or the revitalization of territories. Currently, uncertainty over the application of state aid regulations regarding subsidies for these structures limits their development. Indeed, article 8 of decree no. 2002-241 of February 21, 2002 relating to the cooperative society of collective interest, taken in application of article 19 decies of law no. 47-1775 of September 10, 1947 establishing the status of cooperation, provides in its article 8 and following compliance with the rules concerning State aid for subsidies paid to SCICs. However, this decree has not been updated since 2002 and it refers to texts repealed or modified in particular by the Treaty establishing the European Community and Regulation (EC) No. 69/2001 of January 12, 2001 concerning the application of Articles 87 and 88 of the EC Treaty to de minimis aid or Commission Regulation (EC) No. 70/2001 of January 12 2001 regarding the application of Articles 87 and 88 of the EC Treaty to State aid in favor of small and medium-sized enterprises. Consequently, a restrictive reading led to the application of a derogatory state aid regime for SCICs by considering firstly, that article 8 of the said decree only allowed the granting of an operating subsidy up to the de minimis amount and secondly that article 9 requires compliance with the rules concerning aid to SMEs for any subsidy in favor of investments, without taking into account their purpose. Beyond creating a derogatory regime contrary to European law, this interpretation aims to deprive certain cultural or general interest projects of the benefit of the exemptions granted to them by European texts, which deprives local actors of an innovative economic and democratic mechanism. From then on, he requests clarification on the legal situation of the Scic while specifying whether the common law on state aid applies to the Scic or whether the decree of February 21, 2002 establishes a derogation regime and within what time frame the said decree will be updated.

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