COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Commission follow-up to the "TOP TEN" Consultation of SMEs on EU Regulation
Date: 2013-06-18
Institutions: European Commission
Subjects: VAT, administrative formalities, arrangement of working time, award of contract, chemical product, data protection, occupational safety, recognition of vocational training qualifications, road transport, small and medium-sized enterprises, temporary employment agency, waste management

EUROPEAN 
COMMISSION 

Brussels, 18.6.2013  
COM(2013) 446 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

Commission follow-up to the "TOP TEN" Consultation of SMEs on EU Regulation 

EN 

   EN 

 
 
 
 
  
 
COMMISSION FOLLOW-UP TO THE 'TOP TEN' CONSULTATION OF SMES ON 
EU REGULATION 

1. Introduction 

Small and medium-sized enterprises are essential to economic growth and job creation.1 The 
Commission  has  taken  a  range  of  actions  over  the  years  to  support  them  and  continues  to 
strengthen its actions.  

This  includes  the  decision  of  November  2011  to  make  a  concerted  effort  to  lighten  the 
regulatory  load  on  SMEs2.  As  part  of  this  effort,  the  Commission  asked  SMEs  throughout 
2012 through conferences and consultations to identify the EU laws and areas of legislation 
that they consider most burdensome.  They contributed actively.3 Based on these responses, 
the Commission produced a list of EU legislative acts considered by SMEs and stakeholder 
organisations to be the most burdensome.4 

The  results  of  this  initiative,  called  the  'Top  Ten',  together  with  a  number  of  other  actions 
being  taken  by  the  Commission,  were  announced  in  the  March  Communication  on  "Smart 
Regulation – Responding to small and medium-sized enterprises"5 Member States were also 
informed of the results via the SME Envoy network. The Commission committed to a direct 
and immediate follow up  to  SME concerns. The European Council welcomed this initiative 
and  invited  the  Commission  to  report  back  by  June.6  This  report  indicates  the  follow-up 
actions on the main results of the consultation, in response to that request.  

The success of the 'Top Ten' initiative requires that the co-legislators and Member States join 
the  effort.  Many  Commission  actions  are  contained  in  legislative  proposals  that  the  co-
legislators are now examining.  The Council and the European Parliament need to ensure that 
the SME friendly provisions in these proposals are maintained and that unnecessary burdens 
are not inadvertently added in the decision making process. 

This  is  not  a  one-off  effort.  It  forms  part  of  the  larger  REFIT  exercise  announced  in  the 
Commission  Communication  on  EU  Regulatory  Fitness  of  12  December  2012.7  Through 
Refit  the  Commission  will  continue  to  act  to  lighten  regulatory  burden  and  simplify 
legislation across the board, taking a broad range of stakeholder input into consideration.  

1  20,7  million  SMEs  account  for  over  65  %  of  private  sector  employment.  SMEs  are  amongst  the  most 
innovative  businesses,  leading  the  creation  of  jobs  and  growth.  Apart  from  access  to  financing  and  markets, 
regulatory  burden  represents  one  of  the  heaviest  barriers  to  the  start-up  and  development  of  small  businesses. 
Com(2008)394 
2 Com(2011)803 
3  This consultation attracted 1000 responses, out of which 779 came from enterprises and 154 from their 
representative organisations Com(2013)122, SWD(2013)60 
4 The list was drawn up by combining the lists of the 20 legislative measures most quoted respectively by 
enterprises and their representatives organisations. The measures most often quoted from both lists were put into 
a list of 14 legislative measures. - Com(2013)122, SWD(2013)60 
5 Com(2013)122 
6 European Council Conclusions – 14 March 2013 EUCO 23/13 
7 Com(2012)746 

2 

 
 
 
                                                 
2. TOP-10 results and follow-up 

For  each  of  the  main  'Top  Ten'  legislative  measures,  the  Commission  has  already  taken 
action.    Where  possible,  the  Commission  has  itself  acted  directly  to  deal  with  the  issue.  In 
other  areas,  where  legislative  change  is  needed,  the  Commission  has  made  proposals  to  the 
co-legislator.  Just  over  half  of  the  actions  outlined  below  are  items  on  which  the  European 
Parliament  and  the  Council  need  to  take  action.  The  Commission  has  also  either  already 
started to review the legislation in question or plans a review to identify the right course of 
action.   

The concerns of SMEs that did not make it into the main 'Top Ten' list will be examined in 
the broader programme of regulatory burden reduction, the REFIT programme. A report on 
progress will be forthcoming in the autumn. 

2.1 

Action already completed by the Commission under its own authority 

Chemicals 

Regulation  (EC)  No  1907/2006  concerning  the  Registration,  Evaluation,  Authorisation 
and Restriction of Chemicals (REACH) 

SMEs tell us that: 

They  have  concerns  about  the  complexity  and  cost  of  information  obligations,  inconsistent 
application  by  Member  States  and  a  lack  of  coherence  with  specific  chemicals  legislation 
such as Restrictions of Hazardous Substances (RoHS), biocides, endocrine disruptors and Toy 
Safety. 

Commission response: 

The  Commission  has  carried  out  a  comprehensive  review  of  REACH  which  included  an 
analysis of links and possible overlaps with other EU legislation affecting chemicals, as well 
as  particular  difficulties  for  SMEs.  In  March  2013  the  Commission  adopted  a  Commission 
implementing  regulation8  providing  reduced  fees  for  SMEs  -  35%  reduction  for  medium 
companies,  65%  for  small  companies  and  95%  for  micro-companies  for  registration.  In 
addition,  further  implementation  guidance  is  being  prepared  and  the  European  Chemicals 
Agency  (ECHA)  has  appointed  an  SME  Ambassador  at  the  request  of  the  Commission  to 
integrate  the  specific  needs  of  SMEs  across  its  activities  and  to  provide  an  interlocutor  for 
stakeholders.  In  order  to  improve  the  consistency  between  REACH  and  other  chemicals 
legislation for those cases where potential overlaps have been identified, the Commission will 
strive  to  minimise  or  avoid  them  by  inviting  ECHA  to  issue  guidance,  if  appropriate,  and 

8  Commission  Implementing  Regulation  (EU)  No  254/2013  of  20  March  2013  amending  Regulation  (EC)  No 
340/2008 on the fees and charges payable to the European Chemicals Agency pursuant to Regulation (EC) No 
1907/2006  of  the  European  Parliament  and  of  the  Council  on  the  Registration,  Evaluation,  Authorisation  and 
Restriction of Chemicals (REACH) 

3 

 
 
 
                                                 
preparing  implementing  legislation,  in  particular  when  considering  future  restrictions  and 
substances  subject  to  authorisation.  As  implementation  of  REACH  has  not  yet  been  fully 
completed,  in  the  interests  of  legal  stability  and  in  agreement  with  many  business 
organisations, the Commission does not consider further legal amendments to REACH useful 
at the moment.  

2.2 

Commission proposals on which the EU legislator needs to act 

Data protection 

Directive 95/46/EC on the protection of personal data (revision9 in legislative procedure 
awaiting EP first reading) 

SMEs tell us that: 

The  new  proposal  for  a  general  data  protection  regulation  is  excessively  detailed  in 
obligations  it  imposes  on  those  processing  personal  data.  The  proposed  reform  includes 
exceptions  in  the  obligations  for  SMEs  which  should  be  maintained  in  the  co-decision 
process.  The  main  economic  benefits  of  this  reform  will  accrue  only  to  companies  trading 
across borders, as they will benefit more from harmonisation, whilst companies trading only 
domestically will have to bear the burden of the additional obligations. 

Commission response: 

The Commission is working closely with the European Parliament and the Council in order to 
maintain the exceptions for SMEs in those cases where their processing of personal data does 
not present specific risks to the fundamental rights and freedoms of citizens. The Commission 
will also work with the EU legislator to further develop the existing elements of a risk-based 
approach.  This  work  will  focus  on  calibrating  the  obligations  of  data  controllers  in  order 
further  to  simplify  the  regulatory  environment  and  minimise  undue  administrative  burden, 
whilst  maintaining  a  high  level  of  protection  for  personal  data  and  the  clarity  of  the  legal 
obligations for data controllers.  

Employment 

Directive 96/71/EC concerning the posting of workers in the framework of the provision 
of services (Additional measure10 in legislative procedure awaiting EP first reading) 

SMEs tell us that: 

9 COM(2012)11 - Proposal for a Regulation of the European Parliament and of the Council on the protection of 
individuals with regard to the processing of personal data and of the free movement of such data 
10  COM(2012)13  -  Proposal  for  a  DIRECTIVE  OF  THE  EUROPEAN  PARLIAMENT  AND  OF  THE 
COUNCIL on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the 
provision of services 

4 

 
 
 
 
                                                 
They  support  clarification  of  enforcement,  with  the  objective  of  fighting  fraud  and  unfair 
competition. For this purpose, they suggest the introduction of a system of prior notification 
of detachments to Member States and reconsideration of joint and several liability for SMEs. 
They argue that liability will impact SMEs disproportionally as they have far less capacity to 
monitor  all  their  subcontractors'  compliance  with  relevant  legislation.  They  also  argue  that 
joint and several liability may constitute a barrier to SMEs entering new markets.  

Commission response: 

The proposal for an enforcement directive being discussed in the legislative procedure already 
contains  positive  elements  for  SMEs  and  micro-enterprises  such  as  risk-based  inspections, 
increased obligations of host Member States to make legal information readily available and  
enhanced  legal  certainty  through  a  limited  set  of  control  measures  and  administrative 
requirements  that  can  be  applied  by  the  Member  States.  Joint  and  several  liability  is  an 
important  measure,  already  applied  in  several  Member  States,  to  provide  protection  against 
abuse  and  exploitation  of  vulnerable  workers.  The  Commission  is  supporting  the  efforts  to 
reach an agreement in the legislative process, in particular on the two main contentious issues 
(list of control measures and joint and several liability). 

Product safety 

Directive  2001/95/EC  on  general  product  safety  (revision11  in  legislative  procedure 
awaiting EP first reading) 

SMEs tell us that: 

Member  States  apply  product  safety  rules  and  controls  in  different  ways.  Producer 
responsibility  is  considered  a  heavy  burden  for  smaller  companies  and  the  provisions  on 
product  withdrawal  from  the  market  allow  for  wide  interpretation.  The  system  is  expensive 
for SMEs and does not offer proper information and protection to consumers. 

Commission response: 

In February 2013, the Commission proposed to replace the General Product Safety Directive 
by  a  directly  applicable  Regulation  on  Consumer  Product  Safety  to  ensure  more  uniform 
application. This proposal addresses many of the TOP Ten comments, reducing divergences 
between  Member  States  including  a  simpler  set  of  more  common  requirements  and  an 
exemption  from  notification  obligations  for  products  which  present  risks  only  in  isolated 
cases  under  the  responsibility  of  the  economic  operator.  The  proposed  Market  Surveillance 
Regulation  establishes  a  uniform  framework,  avoiding  double  checks  of  products  and 
improving  cooperation  between  authorities  and  economic  operators.  Better  market 
surveillance  will  also  help  protect  responsible  SMEs  from  unfair  competition  from  non-
compliant products. The proposals take account of the needs of small businesses envisaging 

11  COM(2013)78  -  Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on  consumer 
product safety and repealing Council Directive 87/357/EEC and Directive 2001/95/EC 

5 

 
 
 
                                                 
guidance  and  assistance  for  SMEs.  The  Commission  will  establish  a  framework  for  regular 
consultation  with  business  on  implementation,  including  through  the  Market  Surveillance 
Forum.  The Commission will also press for maximum clarity on product withdrawal in the 
legislative procedure and issue guidelines to assist business before the regulations are applied. 

Public procurement 

Directive 2004/18/EC on the coordination of procedures for the award of public works 
contracts, public  supply contracts  and public  service contracts (revision12 in  legislative 
procedure awaiting European Parliament first reading) 

SMEs tell us that: 

EU Directives on public procurements include onerous requirements regarding the economic 
standing of SMEs, inappropriate use of quality criteria by contracting authorities to establish 
the most economically advantageous tender and difficulty stemming from the application of 
different procedures or practices in different Member States despite harmonisation. Red-tape 
and  administrative  burden  linked  to  the  preparation  of  offers  act  as  a  barrier  for  small 
businesses to participate in public tenders. 

Commission response: 

The  Commission  proposed  a  revision  of  the  public  procurement  regime  in  December  2011. 
Some of the proposed modifications will have a direct impact on the access of SMEs to public 
procurement, including concessions. 

The  revision  includes  provisions  to  require  the  acceptance  of  self-declarations  for  selection 
purposes  (only  the  winning  bidder  will  have  to  submit  complete  evidence)  and  a  provision 
that  the  list  of  selection  criteria  will  be  made  exhaustive.  A  limitation  is  introduced  in  the 
maximum  turnover  cap  required  to  participate  in  procurement  procedure,  which  cannot 
exceed three times the estimated value of the contract  

Furthermore contracting authorities will be encouraged to split contracts into lots allowing for 
the participation of more bidders, particularly SMEs, and will have to explain to bidders when 
not doing so (application of the "comply or explain" principle). 

The Commission proposal foresees a gradual transition to e-procurement. Companies would 
be  able  to  consult  tender  opportunities  online  and  submit  their  offers  electronically,  which 
will simplify the process and increase transparency.  

Finally, the Commission draws attention to the SME concerns at the continuing complexity of 
public  procurement  procedures  and  practices  among  Member  States  contributing  to 
administrative burdens. 

12  COM(2011)896  -  Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  on  public 
procurement 

6 

 
 
 
                                                 
Recognition of professional qualifications 

Directive  2005/36/EC  on  the  recognition  of  professional  qualifications  (revision13  in 
legislative procedure awaiting European Parliament first reading) 

SMEs tell us that: 

The provisions of this directive overlap with those of the Services Directive, and it is not easy 
for  an  SME  to  differentiate  between  obligations  stemming  from  both  regulations.  Whilst 
certain SMEs expressed satisfaction with some of the provisions proposed in the amendment 
being currently discussed in legislative procedure, especially the introduction of the European 
Professional Card and the generalisation of the Internal Market Information (IMI) System14, 
some  other  new  proposals  are  questioned,  like  the  partial  access  open  to  professions  with  a 
larger scope of activities in the host Member State, or the tacit recognition of qualifications 
for professions linked to health and safety.  

Commission response: 

The  revision  ensures  consistency  with  the  Services  Directive,  notably  by  ensuring  that  all 
information and procedures related to the recognition of qualifications are available with the 
Points  of  Single  Contact  for  all  professions.  The  rules  on  temporary  mobility  will  be 
modernised so that provision of services becomes easier. 

The  proposal  includes  the  introduction  of  the  European  Professional  Card  (EPC),  based  on 
enhanced  on-line  cooperation  between  Member  State  authorities  in  the  verification  of 
qualifications  and  on  the  introduction  of  the  concept  of  'tacit  recognition'  once  the  deadline 
for a recognition decision has passed. Tacit recognition will apply to all professions using the 
EPC,  but  the  host  Member  State  will  have  the  possibility  to  extend  the  deadline  where 
necessary,  in  particular  for  reasons  related  to  public  health  and  safety.  This  will  ensure  a 
quicker  processing  of  the  requests  for  recognition  and  allow  the  professionals  to  start  their 
activities without delay. 

Partial  access  will  be  used  on  a  case-by-case  basis  to  avoid  that  differences  in  the  scope  of 
activities reserved to certain professions in the host Member State prevent professionals from 
home  Member  States  from  establishing  in  the  host  Member  State.  Host  Member  State 
competent authorities will have the possibility to reject partial access for reasons of general 
interest. 

13 COM(2011)883 - Proposal for a Directive of the European Parliament and of the Council amending Directive 
2005/36/EC  on  the  recognition  of  professional  qualifications  and  Regulation  on  administrative  cooperation 
through the Internal Market Information System 
14 http://ec.europa.eu/internal_market/imi-net/index_en.html 

7 

 
 
 
 
 
                                                 
Road transport 

Regulation (EEC) No 3821/85 on recording equipment in road transport (revision15 close 
to adoption in legislative procedure)  

SMEs tell us that: 

The  obligation  to  install  a  tachograph  generates  costs,  and  compliance  with  the  current 
regulation  is  heavy  in  terms  of  administrative  burden.  Vehicles  that  do  not  travel  far  from 
their base should be exempted from the requirement of this regulation. 

Commission response: 

A revision of the tachograph legislation was tabled following inter alia a recommendation of 
the High Level Group on Administrative Burdens.  The  Commission's  proposal  foresaw  that 
current  optional  exemptions  provided  by  Regulation  561/2006  for  certain  categories  of 
vehicles  would  apply  within  a  uniform  radius  of  100  km,  calculated  from  the  base  of  the 
transport undertaking (up from 50 km). The final stages of the legislative procedure have been 
reached and the issue of the exemptions has been subject to intensive discussion as one of the 
final points for agreement between Parliament and Council. 

The final outcome, yet to be adopted, is likely to be in line with the Commission's proposal, 
with the exception of the so-called "craftsmen" exemption (Article 13 (1) letter d), which will  
no  longer  be  optional,  in  contrast  with  the  other  exemptions.  This  should  improve  legal 
certainty across the Union and avoid administrative burden and complexity for stakeholders 
and Member States. 

2.3 

Commission evaluations already under way or programmed 

Employment 

Council  Directive  89/391/EEC  on  the 
improvements in the safety and health of workers at work 

introduction  of  measures  to  encourage 

SMEs tell us that: 

The  general  obligation  for  documenting  risk  assessments  is  too  burdensome.  For  low  risk 
activities,  risk  analysis  could  be  performed  without  being  documented.  Exemptions  and 
lighter  requirements  should  be  applied  in  case  of  temporary  employment  and  for  micro 
companies. In cases where several legislative measures overlap, risk assessments and (double) 
documentation of risk assessments should be abolished.  

15 COM(2011)451 - Proposal for a Regulation of the European Parliament and of the Council amending Council 
Regulation  (EEC)  No  3821/85  on  recording  equipment  in  road  transport  and  amending  Regulation  (EC)  No 
561/2006 of the European Parliament and the Council 

8 

 
 
 
 
                                                 
Commission response: 

The Occupational Health and Safety Directives largely take into account the specificities of 
SMEs. For example, Framework Directive 89/391/EEC allows Members States to adapt the 
risk assessment documentation obligations in the light of the nature of activities and the size 
of undertakings. The entire acquis on Occupational Health and Safety (Directive 89/391/EEC 
and  its  23  related  directives)  is  currently  undergoing  to  a  full  evaluation  (a  REFIT  Fitness 
Check)  and  will  include  specific  consultation  of  SMEs.  The  conclusions  of  this  ex-post 
evaluation  will  be  available  before  the  end  of  2015.  Member  States  will  feed  into  this 
evaluation with implementation reports by December 2013. They should take the concerns of 
SMEs into account in their submissions and report on measures to facilitate implementation 
by SMEs. 

Directive 2008/104/EC on temporary agency work 

SMEs tell us that: 

This  directive  has  not  made  it  easier  for  companies  to  work  across  borders.  Administrative 
burden is high in particular due to Member State requirements. For example, companies that 
wish  to  be  active  in  several  Member  States  may  still  have  to  register  in  all  these  Member 
States  separately.  SMEs  suggest  ensuring  more  proportionate  requirements  that  facilitate 
cross-border  services  and  for  temporary  agency  work  to  be  brought  under  the  Services 
Directive. 

Commission response: 

A report to be drawn up in consultation with Member States and social partners, representing 
the interests of European workers and European employers, is scheduled for December 2013. 
This  report  will  take  SME  concerns  and  regulatory  burden  aspects  into  account  and  will 
specifically examine how Member States have complied with the requirement to identify and 
justify  current  obstacles  to  the  activity  of  temporary  work  agencies..  The  Commission  will 
consider  including  recommendations  to  Member  States  in  the  country-specific  measures  for 
2014 if the assessment by the Commission of national systems identifies specific regulatory 
burden aspects as obstacles to growth and competitiveness. 

Directive 2003/88 concerning certain aspects of the organisation of working time 

SMEs tell us that: 

The Directive is complex and inflexible, in particular in the case of seasonal work or where 
businesses face a sudden changing level of demand. Changes to the counting of on-call time 
and extension of the reference period for the calculation of average weekly working hours to 
12  months  would  allow  small  businesses  more  flexibility.  The  burden  of  working-time 
record-keeping  should  be  shared  between  employer  and  employee.  The  complexity  of  this 

9 

 
 
 
 
directive  makes  it  a  quasi-obligation  for  SMEs  to  seek  specialised  legal  assistance  which  is 
costly. 

Commission response: 

A detailed Impact Assessment is being prepared and will take special account of the concerns 
of SMEs. 

Value added tax 

Directive 2006/112/EC on the common system of value added tax 

SMEs tell us that: 

The system is very complex, with different national procedural rules and the lack of a simple, 
uniform  VAT  declaration.  This  discourages  SMEs  from  trading  across  borders.  VAT 
identification  numbers  should  be  generalised.  The  obligation  of  companies  trading  across 
borders to register in all Member States where they want to export creates additional burden. 
The absence  of  an upper  limit  to  VAT rates adds to the complexity of the system. There is 
inadequate information and guidance. 

Commission response: 

 A  proposal  for  a  standard  VAT  declaration  facilitating  compliance  for  businesses  with 
activities in several Member States is planned for end-2013. In addition, work has started with 
Member States on the implementation of a "mini-one-stop-shop" for e-services, broadcasting 
and telecom services. The introduction of the mini-one-stop-shop in 2015 is timed to coincide 
with  the  introduction  of  the  new  rules  on  the  place  of  supply.    The  Commission  will  work 
with  Member  States  to  ensure  that  it  provides  good  support  to  business  from  the  start.  The 
Commission  supports  broadening  the  concept  as  already  put  forward  in  its  2004  proposal. 
Recent  Council  conclusions  on  the  future  of  VAT  are,  however,  that  this  can  only  be  done 
after an assessment of the mini-one-stop-shop. Work on the development of the EU VAT web 
portal, providing accurate, reliable and timely information on the implementation of the EU 
VAT  regime  in  the  different  Member  States  will  be  intensified.  This  will  be  done  in  active 
consultation  with  Member  States  and  SMEs,    to  better  suit  the  needs  of  SMEs  for  practical 
solutions, including proportionate arrangements for accessible language versions, building on 
the detailed information in the existing website. 

Directive 2008/9/EC laying down detailed rules for the refund of value added tax 

SMEs tell us that: 

They are concerned by the lack of Member State responses to requests for VAT refunds and 
delays in receipt of refunds. 

10 

 
 
 
 
Commission response: 

The  Commission  held  a  conference  in  2012  on  the  improved  arrangements  for  refunds  of 
VAT.  According  to  the  information  currently  available  to  the  Commission,  the  initial 
problems with the VAT refund system have now been resolved. The Commission is ready to 
ensure quick and effective follow-up should any further problems come to light. 

Waste 

Directive  2008/98  on  waste  and  Decision  2000/532/EC  establishing  lists  of  waste  and 
hazardous waste 

SMEs tell us that: 

They are concerned about some aspects of the Directive, for instance they are uncertain as to 
when  waste  ceases  to  be  waste.  Some  argue  that  the  definition  of  by-products  discourages 
innovation.  There  are  further  problems  of  Member  States  adding  unnecessary  requirements 
('gold-plating')  and  lack  of  appropriate  advice  and  guidance.  Exemptions  or  lighter  regimes 
should  be  introduced,  notably  concerning  reporting  and  the  requirement  for  waste  transfer 
notes. 

Commission response: 

The Commission is carrying out a review of EU waste policy and legislation under REFIT to 
be  concluded  in  2014  with  a  view  to  determining  whether  change  to  waste  legislation  is 
necessary.  The  Commission  will  work  with  Member  States  and  stakeholders  on  hands-on 
guidance and advisory actions and further explore specific issues, for instance in relation to 
the  reduction  of  administrative  burden  from  the  registration  requirements  for  waste 
transporters  stemming  from  Article  26  of  Directive  2008/98/EC.  The  Commission  will  also 
take  action  to  increase  the  participation  of  SMEs  in  the  European  Resource  Efficiency 
Platform16.  In  the  beginning  of  2014  the  Commission  will  hold  a  workshop  to  discuss  the 
concerns that SMEs have expressed with respect to EU waste legislation. 

Regulation1013/2006 on shipments of waste 

SMEs tell us that: 

Due to differences in implementation and interpretation across Member States, the Regulation 
has  not  led  to  the  creation  of  a  common  market  for  waste  utilisation  and  recycling.  More 
should  be  done  to  ensure  uniform  implementation  of  the  regulation  with  more  focus  on 
hazardous waste and less on unproblematic waste. There should be further simplification of 

16 http://ec.europa.eu/environment/resource_efficiency/re_platform/ 

11 

 
 
 
 
                                                 
procedures to move waste between Member States, leaving the inspection and evaluation of 
waste treatment facilities to the authorities of the receiving Member State. 

Commission response: 

To further promote a common market for waste utilisation and recycling the Commission has 
taken  a  number  of  initiatives  such  as  the  development  of  end-of-waste  criteria  removing 
specific  waste  streams  (e.g.  metals,  glass,  copper)  from  the  scope  of  EU  waste  legislation 
(including the Waste Shipment Regulation). In response to a specific recommendation by the 
High  level  Group  on  Administrative  Burdens,  the  Commission  has  actively  encouraged  the 
use of electronic systems for exchange of waste shipment data between Member States and 
has  recently  launched  a  feasibility  study  on  a  possible  EU-wide  electronic  data  exchange 
system. 

To help ensure more uniform implementation of the Regulation with a focus on problematic 
waste streams, a Commission proposal to strengthen waste shipments inspections is planned 
for mid-2013. Wide support was expressed by stakeholders for this proposal during the public 
consultation carried out on the proposal in 2011. The Commission has taken the concerns of 
SMEs into account in preparing the proposal and is ready to explain how this has been done 
once the proposal is adopted. 

3. 

Conclusions 

The Commission is responding directly to the concerns of SMEs. The goal is to lighten the 
regulatory  load  where  possible  while  continuing  to  respect  policy  goals  and  maintain  legal 
stability.  The  Commission  calls  on  the  EU  legislator  in  adopting,  and  Member  States  in 
implementing, EU regulation to ensure that legislation is adapted to the needs of SMEs, with 
particular reference to the proposals already tabled by the Commission in areas of regulation 
identified as particularly burdensome through the TOP10 consultation. The Commission will 
maintain  the  momentum  in  burden  reduction  and  simplification  in  its  Refit  programme  on 
which it will report in the autumn. It will monitor progress through its annual scoreboard. 

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