Small Business Act Small Business Act surveysurvey::

SME affirmative SME affirmative actions in the actions in the

European Member European Member

StatesStates Dr. Samuël MUGNERDr. Samuël MUGNERLegal advisorLegal advisor

Directorate of legal affairsDirectorate of legal affairsDivision for public procurement policyDivision for public procurement policy

Ministry of economy, industry and employment Ministry of economy, industry and employment Ministry of budget, public accounts, civil service and State reformMinistry of budget, public accounts, civil service and State reform

FranceFrance

Introduction – Introduction – Few Few reminders reminders

SMEs are defined by SMEs are defined by Recommendation 2003/361/CE of Recommendation 2003/361/CE of

6th of May 2003 of the 6th of May 2003 of the Commission, relating to the Commission, relating to the

definition of micro, small and definition of micro, small and medium-sized enterprisesmedium-sized enterprises

A SME is an undertaking:A SME is an undertaking:

a) which employ fewer than 250 persons anda) which employ fewer than 250 persons andb) which have and annual turnover not exceeding 50 b) which have and annual turnover not exceeding 50 million Euros and/ormillion Euros and/orc) with an annual balance sheet total not exceeding 43 c) with an annual balance sheet total not exceeding 43 million Euros.million Euros.

Introduction – Introduction – Few Few remindersreminders

The The Small Business Act for EuropeSmall Business Act for Europe includes five initiatives:includes five initiatives:

revision of the Block Exemption Regulation on state revision of the Block Exemption Regulation on state aid,aid,

adoption of a European Private Company,adoption of a European Private Company, possibility for Member States to apply Reduced VAT possibility for Member States to apply Reduced VAT

for local services provided by micro-undertakings,for local services provided by micro-undertakings, modernization of the VAT rules andmodernization of the VAT rules and amend the directive on late paymentamend the directive on late payment

It also contains 10 principles, related to 92 concrete It also contains 10 principles, related to 92 concrete actions for the implementation of which both actions for the implementation of which both Member States and the European Commission are Member States and the European Commission are involvedinvolved

I –I – Methodology of the Methodology of the surveysurvey

Following the structure of the European code of Following the structure of the European code of good practices to facilitate access of SMEs to good practices to facilitate access of SMEs to

public procurementspublic procurements

It contains the following headings, with several It contains the following headings, with several general proposals:general proposals:

overcoming difficulties relating to the size of contractsovercoming difficulties relating to the size of contracts subdivision of the contract into lots or parcels;subdivision of the contract into lots or parcels; grouping of tenderers;grouping of tenderers; enhancing knowledge about subcontracting.enhancing knowledge about subcontracting.

ensuring access to relevant informationensuring access to relevant information E-procurement,E-procurement, specific rules regarding publication of contract notices,specific rules regarding publication of contract notices, enhancing information about rejection of biddersenhancing information about rejection of bidders providing relevant information and help to SMEs on administrative providing relevant information and help to SMEs on administrative

proceduresprocedures(…)(…)

I –I – Methodology of this Methodology of this surveysurvey

improving quality and understanding of the information improving quality and understanding of the information providedprovided

providing training to public buyers,providing training to public buyers, providing training to SMEsproviding training to SMEs

setting proportionate qualification levels and financial setting proportionate qualification levels and financial requirementsrequirements

rules regarding evaluation of groups of tenderersrules regarding evaluation of groups of tenderers rules regarding qualification and financial resources of the rules regarding qualification and financial resources of the

applicantsapplicants alleviating the administrative burdenalleviating the administrative burden

simplification of the rules regarding the administrative simplification of the rules regarding the administrative certificationscertifications

simplification of the rules regarding the submit of tenderssimplification of the rules regarding the submit of tenders simplification of the applicable legislationsimplification of the applicable legislation simplification of the access to tender documentationsimplification of the access to tender documentation

putting emphasis on value for money rather than on priceputting emphasis on value for money rather than on price giving sufficient time to draw up tendersgiving sufficient time to draw up tenders ensuring payments on time.ensuring payments on time.

II –II – State of play of this State of play of this surveysurvey

16 answers received (+1);16 answers received (+1); All the approaches proposed in the All the approaches proposed in the European European

code of good practices to facilitate access of code of good practices to facilitate access of SMEs to public procurementSMEs to public procurement have been have been explored by at least one Member State.explored by at least one Member State.

In the state of play, all the Member States In the state of play, all the Member States have focused primarily on: have focused primarily on: improving access to relevant information, improving access to relevant information, training for purchasers or undertakings.training for purchasers or undertakings.

Some solutions have been more exploited than Some solutions have been more exploited than others:others:

SBA implementation

14

9

8

15

11

12

14

15

13

8

9

14

7

4

9

10

11

10

0 2 4 6 8 10 12 14 16

Subdivision of the contract into lots or parcels

Grouping of tenderers

Enhancing knowledge about subcontracting

E-procurement

Specific rules regarding publication of contract notices

Enhancing information about rejection of bidders

Providing relevant information and help to SMEs onadministrative procedures

Providing training to public buyers

Providing training to SME

Rules regarding evaluation of groups of tenderers

Rules regarding qualification and financial resources ofthe applicants

Simplification of the rules regarding the administrativecertifications

Simplification of the rules regarding the submit oftenders

Simplification of the applicable legislation

Simplification of the access to tender documentation

Rules regarding the award criteria

Improving fast payment

Enough time to draw up relevant offers

Measu

res p

rop

osed

Mesures adopted

III –III – Limits to this Limits to this exerciseexercise

11 answers missing;11 answers missing;

What is the impact of the other EU What is the impact of the other EU policies and initiatives?policies and initiatives?

Methodological problem: Methodological problem: What are the reason for the attachment of What are the reason for the attachment of

a measure to a particular heading or a measure to a particular heading or category?category?

III –III – Limits to this Limits to this exerciseexercise

What was the impact of economic What was the impact of economic crisis?crisis?

What is the degree of comparability What is the degree of comparability between the results?between the results?

What are the concrete results of these What are the concrete results of these various measures and experiments?various measures and experiments?

IV –IV – Next steps?Next steps?

BEFORE THE END OF SEPTEMBER:BEFORE THE END OF SEPTEMBER: Member States may amend Member States may amend

their answers or send them to the their answers or send them to the PPN;PPN;

The results will be consolidated The results will be consolidated and published using the PPN and published using the PPN Website.Website.

There it is! Thanks a lot!There it is! Thanks a lot!

Grazie a tutti!