Activities of Birgit COLLIN-LANGEN related to 2013/0213(COD)
Reports (1)
REPORT on the proposal for a Directive of the European Parliament and of the Council on electronic invoicing in public procurement PDF (282 KB) DOC (409 KB)
Amendments (24)
Amendment 34 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Rates2a. ____________ 2a Regulation (EU) N. 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 37 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) In order to keep abreast of technological progress and developments in legislation, the Commission should be empowered to adopt, in accordance with Article 290 of the Treaty on the Functioning of the European Union, legal acts concerning the adjustment of the requirements for the European standard listed in this Directive for the semantic data model for the core components of the electronic invoice. It is particularly important that the Commission carry out appropriate consultations as part of its preparatory work, including at experts level. When preparing and drawing up delegated acts, the Commission should ensure that the relevant documents are sent to the European Parliament and the Council simultaneously, in good time and in an appropriate manner.
Amendment 39 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Following the adoption of the new European standard by the Commission in accordance with the European standardisation procedure, the Commission should test the standard in practice. In this test phase the Commission should describe and check the application of the standard as it exists for use by an end user. The Commission should pay particular attention to user- friendliness and practicality, and calculate potential implementing costs.
Amendment 40 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) In order to ensure that small and medium-sized enterprises can also benefit from electronic invoicing in public procurement, the European standard should be easy to understand, user- friendly and easy to use.
Amendment 41 #
Proposal for a directive
Recital 7 c (new)
Recital 7 c (new)
(7c) In the context of implementation, Member States should take into account the needs of small and medium-sized enterprises and small contracting entities and offer both contracting authorities and contracting entities and suppliers the necessary support so that the new European standard can be used. Moreover, training measures should be provided, in particular for small and medium-sized enterprises.
Amendment 47 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
Amendment 48 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) The Directive should require only recipients, i.e. contracting authorities, central purchasing bodies and contracting entities, to accept and process electronic invoices. In contrast, the invoicing entity should be able to choose between submitting the invoice in accordance with the European standard, in accordance with national or other technical standards or in paper format.
Amendment 49 #
Proposal for a directive
Recital 18
Recital 18
(18) In order to allow contracting authorities and contracting entities to take the technical measures that, following the establishment of the European standard, are necessary to comply with the provisions of this Directive, a transposition deadline of 418 months is justifiedafter publication of the European standard in the Official Journal of the European Union is justified. Central government authorities and central purchasing bodies should apply the provisions of this Directive transposed by Member States within 18 months of the entry into force of this Directive. Sub- central contracting authorities and contracting entities should apply these provisions within 36 months after the entry into force of this Directive.
Amendment 51 #
Proposal for a directive
Recital 18 b (new)
Recital 18 b (new)
(18b) A standardisation of electronic invoicing is in line with the expansion of European Union law and national and international law for electronic procurement in the Union.
Amendment 52 #
Proposal for a directive
Recital 19 b (new)
Recital 19 b (new)
(19b) The intended use of Structural Fund resources to support the establishment of e-procurement in Europe should also promote the use of electronic invoicing for public contracts.
Amendment 53 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) The European Data Protection Supervisor has been consulted in accordance with Article 28, paragraph 2, of Regulation (EC) No 45/2001 of the European Parliament and of the Council11a and issued an opinion on 11 November 2013. _____________ 11a Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8 , 12.1.2001, p. 1).
Amendment 57 #
Proposal for a directive
Article 2 – point 4 a (new)
Article 2 – point 4 a (new)
(4a) 'central government authorities’ means contracting authorities as defined in Article 2(2) of the Directive [replacing Directive 2004/18/EC];
Amendment 58 #
Proposal for a directive
Article 2 – point 4 b (new)
Article 2 – point 4 b (new)
(4b) 'sub-central contracting authorities’ means sub-central contracting authorities as defined in Article 2(3) of the Directive [replacing Directive 2004/18/EC];
Amendment 59 #
Proposal for a directive
Article 2 – point 4 c (new)
Article 2 – point 4 c (new)
(4c) 'central purchasing bodies' means central purchasing bodies as defined in Article 2(10) of the Directive [replacing Directive 2004/18/EC];
Amendment 64 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Amendment 65 #
Proposal for a directive
Article 3 – paragraph 1 a (new) – subparagraph 2 (new)
Article 3 – paragraph 1 a (new) – subparagraph 2 (new)
The Commission may dispense with the test procedure if it, or the competent standardisation organisation has already checked, during the process of drawing up the standard, as referred to in this article, that the practical application of the standard meets the relevant requirements.
Amendment 67 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. If the Commission establishes by means of an implementing act that the European standard drawn up in response to its request, as referred to in paragraph 1, meets the requirements set out in the Annex to this Directive it shall publish the references of the standard in the Official Journal of the European Union. The implementing acts referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 5a(3).
Amendment 68 #
Proposal for a directive
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2b. The European standard for the semantic data model for the key components of an electronic invoice shall meet the stipulations of Council Directive 2006/112/EC.
Amendment 70 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Amendment 71 #
Proposal for a directive
Article 3 b (new)
Article 3 b (new)
Article 3b Delegated acts The Commission shall be empowered to adopt delegated acts in accordance with Article 5b in relation to changes in the requirements set out in Articles 3(2b) and 3a(1), and in the Annex to this Directive, for the European standard for the semantic data model for the key components of an electronic invoice.
Amendment 74 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a Formal objections to the European standard (1) If a Member State or the European Parliament considers that the European standard does not fully meet the requirements set out in Articles 3(2b) and 3a(1) and in the Annex to this Directive, it shall be incumbent on it to advise the Commission of its objections, submitting a detailed explanation thereof, and the Commission, after consultation with the committee referred to in Article 5a (new) or other consultation with experts in the relevant sector, shall decide: (a) to publish, not to publish, or to publish with restriction, the references of the European standard concerned in the Official Journal of the European Union, or (b) to maintain, to maintain with restriction, or to withdraw, the references of the European standard concerned in, or from, the Official Journal of the European Union. (2) The Commission shall publish information on its website on the European standard once it has been subject to the decision referred to in paragraph 1. (3) The Commission shall inform the European standardisation organisation concerned of the decision referred to in paragraph 1 and, if necessary, request the revision of the European standard concerned. (4) The decision referred to in paragraph 1(a) of this Article shall be adopted in accordance with the advisory procedure referred to in Article 5a(2). (5) The decision referred to in paragraph 1(b) of this Article shall be adopted in accordance with the examination procedure referred to in Article 5a(3).
Amendment 77 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Amendment 79 #
Proposal for a directive
Article 5 b (new)
Article 5 b (new)
Amendment 80 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 418 months following the entry into forcerom the date of publication of the references of the European standard in the Official Journal of the European Union at the latest. TheyMember States shall forthwith communicate to the Commission the text of those provisionshe text of these provisions to the Commission. Member States shall apply these laws, regulations and administrative provisions to central government authorities and central procurement entities from the first day of the 19th month following publication of the references of the European standard in the Official Journal of the European Union. Member States shall apply these laws, regulations and administrative provisions to sub- central public contracting authorities and contracting entities from the first day of the 37th month following publication of the references of the European standard in the Official Journal of the European Union.