Small Business Act survey: SME affirmative actions in the European Member States Dr. Samuël MUGNER Legal advisor Directorate of legal affairs Division for public procurement policy Ministry of economy, industry and employment Ministry of budget, public accounts, civil service and State reform France

Introduction – Few reminders SMEs are defined by Recommendation 2003/361/CE of 6th of May 2003 of the Commission, relating to the definition of micro, small and medium-sized enterprises A SME is an undertaking: a) which employ fewer than 250 persons and b) which have and annual turnover not exceeding 50 million Euros and/or c) with an annual balance sheet total not exceeding 43 million Euros.

Introduction – Few reminders The Small Business Act for Europe includes five initiatives: revision of the Block Exemption Regulation on state aid, revision of the Block Exemption Regulation on state aid, adoption of a European Private Company, adoption of a European Private Company, possibility for Member States to apply Reduced VAT for local services provided by micro-undertakings, possibility for Member States to apply Reduced VAT for local services provided by micro-undertakings, modernization of the VAT rules and modernization of the VAT rules and amend the directive on late payment amend the directive on late payment It also contains 10 principles, related to 92 concrete actions for the implementation of which both Member States and the European Commission are involved

I – Methodology of the survey Following the structure of the European code of good practices to facilitate access of SMEs to public procurements It contains the following headings, with several general proposals: overcoming difficulties relating to the size of contracts overcoming 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 information ensuring 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 bidders enhancing information about rejection of bidders providing relevant information and help to SMEs on administrative procedures providing relevant information and help to SMEs on administrative procedures(…)

I – Methodology of this survey improving quality and understanding of the information provided improving quality and understanding of the information provided providing training to public buyers, providing training to public buyers, providing training to SMEs providing training to SMEs setting proportionate qualification levels and financial requirements setting proportionate qualification levels and financial requirements rules regarding evaluation of groups of tenderers rules regarding evaluation of groups of tenderers rules regarding qualification and financial resources of the applicants rules regarding qualification and financial resources of the applicants alleviating the administrative burden alleviating the administrative burden simplification of the rules regarding the administrative certifications simplification of the rules regarding the administrative certifications simplification of the rules regarding the submit of tenders simplification of the rules regarding the submit of tenders simplification of the applicable legislation simplification of the applicable legislation simplification of the access to tender documentation simplification of the access to tender documentation putting emphasis on value for money rather than on price putting emphasis on value for money rather than on price giving sufficient time to draw up tenders giving sufficient time to draw up tenders ensuring payments on time. ensuring payments on time.

II – State of play of this survey 16 answers received (+1); 16 answers received (+1); All the approaches proposed in the European code of good practices to facilitate access of SMEs to public procurement have been explored by at least one Member State. All the approaches proposed in the European code of good practices to facilitate access of SMEs to public procurement have been explored by at least one Member State. In the state of play, all the Member States have focused primarily on: In the state of play, all the Member States 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 others: Some solutions have been more exploited than others:

III – Limits to this exercise 11 answers missing; 11 answers missing; What is the impact of the other EU policies and initiatives? What is the impact of the other EU policies and initiatives? Methodological problem: Methodological problem: What are the reason for the attachment of a measure to a particular heading or category?

III – Limits to this exercise What was the impact of economic crisis? What was the impact of economic crisis? What is the degree of comparability between the results? What is the degree of comparability between the results? What are the concrete results of these various measures and experiments? What are the concrete results of these various measures and experiments?

IV – Next steps? BEFORE THE END OF SEPTEMBER: BEFORE THE END OF SEPTEMBER:  Member States may amend their answers or send them to the PPN;  The results will be consolidated and published using the PPN Website.

There it is! Thanks a lot! Grazie a tutti!