On the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) 2016/679, (EU) 2016/1036, (EU) 2016/1037, (EU) 2017/1129, (EU) 2023/1542 and (EU) 2024/573 as regards the extension of certain mitigating measures available for small and medium sized enterprises to small mid-cap enterprises and further simplification measures
INTA-AD-778169
Committee on International Trade · Rapporteur: Bernd Lange
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The Committee on International Trade gives its opinion on the Commission proposal to extend certain SME mitigation measures to small mid-cap enterprises (SMCs) and to simplify rules. It proposes amendments to two trade defence regulations, Regulation (EU) 2016/1036 and Regulation (EU) 2016/1037.¶¶¶ The amendments widen the trade defence Helpdesk to serve SMCs as well as SMEs, add a new recital on debureaucratisation, and require the annual report to evaluate the Helpdesk's capacity to serve both groups.¶¶¶ The rapporteur supports introducing the SMC category, but says broadening the Helpdesk must not undermine service quality; resources should be added if needed, timelines respected and investigations shortened, with regular evaluation in the annual report.¶
Committee position. The committee proposes amendments to the trade defence parts of the proposal: widen the Helpdesk to SMCs, add a recital on debureaucratisation and a simplified complaint format, and require the annual report to evaluate the Helpdesk's capacity for SMEs and SMCs.¶¶¶
Key points
- The Commission proposal extends to SMCs the trade defence Helpdesk obligation to raise awareness, give general information and explanations on procedures and reply to non-case-specific queries.¶
- The proposal also extends to SMCs the requirement that investigation periods coincide with the financial year whenever possible, especially for diverse and fragmented sectors.¶
- The rapporteur agrees the SMC category is necessary, as SMCs face administrative burdens similar to SMEs, and calls for monitoring of Helpdesk service quality and more resources if needed.¶
- The rapporteur asks that timelines be respected and investigations shortened to limit the impact of unfair practices on SMEs and SMCs, with regular evaluation in the annual report to Parliament and the Council.
- Amendment 1 replaces the opening of Recital 13 to state that effective implementation of trade defence measures is vital for competitiveness and quality jobs.¶
- Amendment 2 adds Recital 13a: the Commission should explore financial and legal technical assistance from member states in complex cases and promote a fully digitalised, paperless process for non-confidential documents.¶
- Amendment 2 also requires the Commission to develop a streamlined, simplified complaint format and process tailored for SMEs and SMCs to speed up lodging complaints.
- Amendments 3 and 6 correct editorial mistakes in the introductory parts of Article 2 and Article 3 of the proposal.¶¶¶
- Amendment 4 replaces the second subparagraph of Article 5(1a) of Regulation (EU) 2016/1036 so the Helpdesk, without the word SME, makes available standard forms for statistics for standing purposes and questionnaires.¶¶
- Amendment 5 replaces the second subparagraph of Article 23(1) of Regulation (EU) 2016/1036 so the annual report includes evaluation of the Helpdesk's capacity to provide efficient services to SMEs and SMCs.¶¶
- Amendment 7 replaces the second subparagraph of Article 10(1a) of Regulation (EU) 2016/1037 so the Helpdesk, without the word SME, makes available standard forms for statistics for standing purposes and questionnaires.¶¶
- Amendment 8 replaces the second subparagraph of Article 32a(1) of Regulation (EU) 2016/1037 so the annual report includes evaluation of the Helpdesk's capacity to provide efficient services to SMEs and SMCs.¶¶
Who is affected
- Small and medium sized enterprises and small mid-cap enterprises, which would gain access to the trade defence Helpdesk and its services.¶¶¶
- The Commission, which must run the Helpdesk, explore assistance avenues, develop a simplified complaint format and report on the Helpdesk's capacity.¶¶¶
- Member states, which are asked to provide financial and legal technical assistance in complex trade defence cases.
- Diverse and fragmented industry sectors largely composed of SMEs or SMCs, which would benefit from easier access to trade defence instruments.¶
Figures and deadlines
- 12 September 2023: date the Commission published the SME Relief Package.¶
- 250-749 employees: the bracket with high shares of companies used to define SMCs.¶
- Three times the size of SMEs: how much larger SMCs are under the definition.
- 21.5.2025: date of the Commission Recommendation on the definition of small mid-cap enterprises.