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SME update

January 2026

Highlights

  • EU co-legislators reach agreement on insolvency law reform and sustainability omnibus
  • European Parliament issues recommendations for improving SME access to finance
  • Cyprus takes over rotating Council Presidency with SME topics in high priority

European Commission

EU co-legislators reach agreement on insolvency law reform

The European Parliament (EP) and the Council reached an agreement on 20 November on the European Commission’s (EC) 2022 proposal to harmonise certain corporate insolvency rules across the EU. The Directive aims at encouraging cross-border investment within the EU’s Single Market through targeted harmonisation of insolvency proceedings.

The new rules as agreed by the co-legislators will target the three key dimensions of insolvency law:

  • recovery of assets from the liquidated insolvency estate
  • efficiency of procedures
  • predictable and fair distribution of recovered value among creditors

Several elements in the final agreement aim to improve the position of creditors in insolvency proceedings. For example, harmonised standards on transaction avoidance will ensure the integrity of the business assets in the vicinity of insolvency, rules on asset tracing will provide for effective tools for insolvency courts or insolvency practitioners to locate and recover assets belonging to the insolvency estate, and creditors’ committees will protect the interests of the general body of creditors in complex insolvency proceedings.

The Directive also includes innovative tools, in particular the so called ‘pre-pack proceedings’. These will complement national insolvency regimes with a modern and efficient mechanism that enables the sale of the business on a going concern basis in the context of liquidation proceedings. Selling a business on a going concern basis generates more proceeds for all creditors (compared to a scenario where the assets of the debtor have to be sold piece-by-piece), but it also contributes to preserving employment by keeping the business operational.

The Council and the EP must now formally adopt the political agreement, with the EP’s vote in Plenary currently expected for 9 March. The Directive will enter into force 20 days after publication in the EU Official Journal. Member States will then have 2 years and 9 months to transpose the Directive into national law. At the time of writing, no consolidated version of the final agreed text is available.

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Final agreement on sustainability omnibus reached

On 8 December, the EP and the Council achieved a deal on the Omnibus proposal amending sustainability reporting and due diligence rules. Below we share a summary of the key elements in the provisional agreement.

Corporate Sustainability Reporting Directive (CSRD):

  • applies to undertakings with more than 1,000 employees and exceeding a net turnover of €450 million; a further assessment of scope extension is planned for 2031
  • exemptions from consolidated reporting applies to financial holding undertakings; exemption applies to subsidiaries which are public-interest entities if its parent undertaking reports on consolidated basis
  • Member States may exempt undertakings which do not exceed 1000 employees and EUR 450 million net turnover (on a consolidated basis) for financial years between 1 January 2025 and 31 December 2026
  • non-EU companies generating EUR 450 million net turnover in the EU for the last two consecutive years with a subsidiary or a branch exceeding EUR 200 million a net turnover in the preceding financial year
  • obligation to adopt a voluntary sustainability reporting standard for companies falling outside the CSRD
  • obligation to adopt a limited assurance standard by 1 July 2027
  • establish one-stop-shop portal where undertakings may access information, guidance and support, including relevant and guidance for reporting

Corporate Sustainability Due Diligence Directive (CSDDD):

  • applies to undertaking with more than 5000 employees and annual turnover higher than annual EUR 1.5 billion; include a review clause on scope extension
  • non-EU companies with a EUR 1.5 billion turnover in the EU
  • value chain due diligence: risk-based approach, with the focus on the areas of companies’ chains of activities where actual and potential adverse impacts are most likely to occur
  • companies will not be required to adopt a climate transition plan
  • no EU harmonised civil liability regime. Liability for non-compliance will be determined at the national level. However, a review clause on the need for an EU harmonised liability regime has been added
  • penalty maximum cap of 3% of net worldwide turnover; the EC to issue guidelines on this matter
  • transposition deadline postponed by another year to 26 July 2028; companies to comply with CSDDD rules by 29 July 2029
  • the EC should publish due diligence guidelines by 26 July 2027

The EP Legal Affairs (JURI) Committee approved the provisional agreement on 11 December, and the EP plenary on 16 December. The Council must also formally approve the agreement.

European Parliament

Parliament adopts report on access to finance for SMEs and start-ups

MEPs adopted a non-binding report with recommendations on SMEs’ and scale-ups’ access to finance.

The report’s recommendations put an emphasis on legislative burden reduction, unlocking private capital and savings, bridging funding gaps for scale-ups and reinforcing Europe’s competitiveness. The recommendations do not oblige the EC to undertake any particular course of action.

The resolution, prepared by MEP Jorge Martin Frias (PfE/Spain), was adopted in a single vote, with 360 votes in favour, 298 against and 8 abstentions. The S&D, Renew and Greens Groups proposed an alternative text, but it was rejected by the Plenary.

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MEP questions & replies

European Commission says late payments are still a systemic problem for 73% of SMEs

  • Question by MEP Diana Riba i Giner (Greens/Spain)
  • Reply by Executive Vice-President Séjourné

European Commission explains how new multi-annual EU budget will support SMEs

 

European Commission sets out SME measures in the European Competitiveness Fund

  • Question by a group of MEPs
  • Reply by Executive Vice-President Séjourné

Council

Danish Presidency publishes report on business data driven Single Market

The Danish Council Presidency published on 8 December a report with recommendations and observations on business data integration, interoperability and the role of technology.

The paper calls on the EC and Member States to commit to a well-coordinated collaboration with the private sector to adopt a paradigm shift from a paper-based Single Market toward a data-driven Single Market. According to the authors, using digital bookkeeping and e-invoicing could lead to up to EUR 87 billion in savings for Europe’s businesses.

The report makes the case of such savings in particular for SMEs, who would benefit the most from digitisation and automation of data, but also acknowledges challenges such as the need for at least initial additional investments as well as cybersecurity.

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Cypriot Council Presidency presents its priorities

From January to June 2026, Cyprus will hold the Presidency of the Council of the EU, with competitiveness and strategic autonomy at the core of its agenda. For SMEs, the programme contains several encouraging signals.

A central priority of the Presidency is regulatory simplification and burden reduction, explicitly aimed at helping SMEs and start-ups focus on growth, innovation and investment rather than compliance. Cyprus intends to advance the EU’s simplification agenda by pushing forward multiple omnibus packages designed to streamline existing legislation while avoiding deregulation. SMEs are repeatedly identified as key beneficiaries of these efforts.

The Presidency will also prioritise completing and strengthening the Single Market, tackling unjustified barriers and improving conditions for cross-border activity, an important step for SMEs seeking to scale up within the EU.

Access to finance is another focus, with Cyprus supporting progress on the Savings and Investment Union (SIU) and deeper capital markets to better channel private savings into productive investment, including smaller businesses.

Finally, high energy costs and digital dependencies will be addressed through initiatives on energy security, digital sovereignty and innovation, all essential for long-term SME competitiveness.

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This curated content was brought to you by Johan Barros, Accountancy Europe Director, Head of Advocacy & Policy, since 2015. You can send him tips by email, follow him on X and connect with him on LinkedIn.