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SBA gets new focus on red tape, finance and taxes

Published 23 February 2011 - Updated 15 March 2011
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The European Commission today (23 February) published its long-awaited review of the Small Business Act, promising to do better to cut red tape, improve access to financing and try to harmonise tax systems among EU member countries.

In sharpening its priorities to help small and medium-sized businesses (SMEs), the Commission committed itself to 29 recommendations to focus the impact of the two-year-old act.

"The whole thrust is simplification. That's something close to the heart of SMEs," said Antonio Tajani, EU commissioner in charge of enterprise and industry.

Small and medium-sized enterprises (SMEs) – those with 250 or fewer employees – have been hammered by the recession and the credit crunch, and their recovery is pivotal for Europe. These SMEs employ more than two thirds of the labour force in Europe and are the prime growth engine for the economy.

The Small Business Act has 10 guiding principles, including improving access to finance, drawing up bankruptcy rules to give entrepreneurs a second chance and upgrading skills.

The review was originally scheduled to be released in December, but was postponed and redrafted repeatedly as the political jockeying played out. And what was cut out was as interesting as what was left in.

Tajani highlighted a few recommendations, including speeding the time and reducing the cost to start a business to a maximum of three days and €100. He also said the EU would strengthen its loan guarantee scheme, and increase SME access to government contracts.

SME groups urge action

Small business advocates seemed generally pleased with the final version, but stressed that talk is still cheap. "It's really a step forward, but it must be balanced by an increase in funds, because if not they are just words," said Andrea Benassi, secretary-general of the European Association of Craft, Small and Medium-Sized Enterprises (UEAPME)

He said the EU has dedicated about €500 million to programmes for SMEs, but "[whether] these funds reach SMEs, that's another question". His organisation has asked for double that amount in the next budget cycle to meet increased demands.

The European Small Business Alliance applauded the Commission's emphasis on testing the impact of new proposals on SMEs while taking into account differences in the size of enterprises.

"We are very happy about their commitment this time to the SME test, so we can hold them to it if they don't do it," said Patrick Gibbels, the organisation's Brussels representative.

Common corporate tax base and VAT

One of the more controversial measures is a plan to present a legislative proposal for an EU-wide corporate tax base and a new strategy for the value-added tax (VAT). The Commission said it would reduce tax obstacles for SMEs.

However, such a proposal, floated recently by Germany and France, will surely run into its own obstacles.

"It may push up compliance costs for larger businesses, and that it could be the first nail in the coffin of tax competition across the EU," wrote UK Conservative MEP Malcolm Harbour, who chairs the European Parliament's internal market committee.

Some of the most recent additions to the draft in January were later deleted, including plans to strengthen the role of SME envoy Daniel Calleja Crespo in monitoring the application of the SME test in impact assessments. Also cut was a recommendation to reduce the time for a bankrupt company's debts to be discharged to a maximum of three years by 2013.

New initiatives in the final report included:

  • Adopting a social business initiative focusing on enterprises pursuing social objectives by the end of the year.
  • Proposing an instrument of European Contract Law for SMEs that want to enter new markets.
  • Setting up a uniform procedure to facilitate cross-border debt recovery.

"A lot has been done by the Commission, but a lot still needs to be done if we want to get out of the crisis today," Tajani said.

Positions: 

The UK, Belgium and Italy issued a joint statement saying: "We call on the Commission to play its part in reinforcing the Small Business Act by: ensuring decisions taken in Brussels improve the operating environment for SMEs, and enabling a more transparent and regular exchange of ideas amongst member states. The Commission should host a forum for small business ministers to share their experiences. This would create a practical mechanism to improve the visibility of SME policies across Europe, spread best practice and encourage effective action."

The European Small Business Alliance said "some clear improvements have been made. ESBA particularly welcomes a long-overdue commitment by the Commission to improve the application of the SME test in Impact Assessments. ESBA's recommendations to make a clear distinction between micro-, small and medium-sized enterprises when applying the test have been heard and included in the document".

EuroChambres, which represents chambers of commerce in 45 countries, endorsed the focus on governance and hailed the fact that the SBA review emphasises the three priority areas: improving access to finance, enhancing market access and smart regulation. "We now look to member states to endorse the review and confirm their readiness to deliver at the next Competitiveness Council," said  Arnaldo Abruzzini, EuroChambres secretary-general.

UK Conservative MEP Malcolm Harbour, chairman of the European Parliament's internal market committee, said: The SBA review published today contains a number of examples of good practice within the member states. However, not all national governments were implementing many of the suggestions put forward by the Commission."

He also sounded a note of caution regarding a suggestion that the Commission will introduce a common consolidated tax base, arguing that it may push up compliance costs for larger businesses, and that it could be the first nail in the coffin of tax competition across the EU.

BusinessEurope, a trade association representing large and small businesses, said: "Two years after adoption, the implementation of the SBA can be regarded overall as work in progress. However, good results coexist with worrying lags."

The organisation's top priorities are reducing red tape, the European Private Company Statute, a better strategy for international trade and access to credit.

"The Small Business Act is as good as its implementation. Only if it can be applied in practice can we have an SME-friendly Europe.  We need to operate at all levels of governance – be it EU, national or local ­– to make it work and deliver a more integrated internal market to SMEs. All new legislation must therefore take into account these principles," said Jonathan Zuck, president of the Association for Competitive Technology (ACT).

The European Confederation of Young Entrepreneurs (YES) said in a press release that it "welcomes the focus on improving access to finances for SMEs through a strengthened loan guarantee scheme"and "is very pleased with the Commission announcement to adopt an action plan for improving SMEs' access to venture capital and capital markets".

On the other hand, YES criticised the lack of attention paid to young entrepreneurs and start-ups, while calling for "national strategies on entrepreneurship education."

Refocusing priorities: Tajani
Background: 

The European Commission proposed the text of the Small Business Act (SBA) in June 2008 and it was adopted by the European Council in December that year (EurActiv 02/12/08). 

The initial idea was to put SMEs at the forefront of decision-making and shift the focus of EU job creation policies from large to small businesses, amid fears that competition from low-wage countries in Asia could cause major job losses. 

But the current financial and economic crisis has shifted the focus to measures aimed at securing the survival of small businesses, which have been severely hit by the collapse of banks and decreasing liquidity in the market. 

An estimated 99% of EU companies are SMEs, accounting for roughly 70% of EU jobs and GDP, and their flexibility is seen as a major motor of future innovation and job creation. 

The EU executive has already revised the Late Payments Directive in line with the commitments given in the SBA (EurActiv 09/04/09), although business groups continue to complain of delays. 

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