16 Amendments of Dita CHARANZOVÁ related to 2023/0323(COD)
Amendment 45 #
Proposal for a regulation
Recital 11
Recital 11
(11) Late payment constitutes a breach of contract which is financially attractive to debtors, due to low or no interest rates charged on late payment, or slow procedures for redress. A decisive shift to a culture of prompt payment, including one in which the exclusion of the right to charge interest for late payment is null and void, is necessary to reverse this trend and to discourage late payment. Consequently, contractual payment periods should be limited to 30 calendar days both in B2B transactions, when the debtor is a large undertaking in the meaning of Article 3(4) of Directive 2013/34/EU and G2B transactions, where the public authority is the debtor.
Amendment 45 #
Proposal for a regulation
Recital 11
Recital 11
(11) Late payment constitutes a breach of contract which is financially attractive to debtors, due to low or no interest rates charged on late payment, or slow procedures for redress. A decisive shift to a culture of prompt payment, including one in which the exclusion of the right to charge interest for late payment is null and void, is necessary to reverse this trend and to discourage late payment. Consequently, contractual payment periods should be limited to 30 calendar days both in B2B transactions, when the debtor is a large undertaking in the meaning of Article 3(4) of Directive 2013/34/EU and G2B transactions, where the public authority is the debtor.
Amendment 56 #
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should be without prejudice to shorter or longer periods which may be provided for in national law, and which are more favourable to the creditor.
Amendment 56 #
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should be without prejudice to shorter or longer periods which may be provided for in national law, and which are more favourable to the creditor.
Amendment 124 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘procedure of acceptance or verification’ means the procedure for ascertaining the conformity of the goods delivered or services provided, with the requirements of the contract as well as the verification of the correctness and conformity of the invoice;
Amendment 124 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘procedure of acceptance or verification’ means the procedure for ascertaining the conformity of the goods delivered or services provided, with the requirements of the contract as well as the verification of the correctness and conformity of the invoice;
Amendment 138 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Payment periods between public authorities and undertakings
Amendment 138 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Payment periods between public authorities and undertakings
Amendment 142 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, the payment period shall not exceed 30 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. Undertakings may mutually agree on a longer payment period, except in cases when the debtor is a large undertaking within the meaning of Article 3(4) of Directive 2013/34/EU or a contracting authority and the creditor is a micro, small or medium-sized enterprise (SMEs) within the meaning of the Commission Recommendation 2003/361/EC. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.
Amendment 142 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, the payment period shall not exceed 30 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. Undertakings may mutually agree on a longer payment period, except in cases when the debtor is a large undertaking within the meaning of Article 3(4) of Directive 2013/34/EU or a contracting authority and the creditor is a micro, small or medium-sized enterprise (SMEs) within the meaning of the Commission Recommendation 2003/361/EC. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.
Amendment 152 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions between public authorities and undertakings, where the public authority is the debtor, the payment period shall not exceed 30 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.
Amendment 152 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions between public authorities and undertakings, where the public authority is the debtor, the payment period shall not exceed 30 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.
Amendment 201 #
Proposal for a regulation
Article 3 – paragraph 4 b (new)
Article 3 – paragraph 4 b (new)
4b. The payment period set out in paragraph 1 is also without prejudice to national rules on grouping invoices received by the debtor from the same creditor during a limited period of time.
Amendment 201 #
Proposal for a regulation
Article 3 – paragraph 4 b (new)
Article 3 – paragraph 4 b (new)
4b. The payment period set out in paragraph 1 is also without prejudice to national rules on grouping invoices received by the debtor from the same creditor during a limited period of time.
Amendment 203 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Payment periods between undertakings 1. In commercial transactions between undertakings, the maximum payment period shall be 30 calendar days starting from the day the payment request has been received by the debtor, under the condition that the goods or services have been received by the debtor. Payment periods may be extended beyond the 30 calendar days limit under the condition that sufficient justification and a mutual agreement on this by the parties are included in the contract without any ambiguities. Unless Member States provide for a shorter payment period for such products, the same payment period shall apply on a regular as well as non- regular basis to the supply of non- perishable agricultural and food products as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633. 2. Member States' national laws may provide for procedures of acceptance or verification only in cases where the specific nature of the goods or services necessitates them. If that is the case, detailed information on the procedure of acceptance or verification, including its duration, shall be included in the contract. 3. If the contract includes a procedure of acceptance or verification, in line with paragraph 2, the maximum duration of the procedure shall not exceed 30 calendar days starting from the date the debtor receives the goods or services, including in cases where these goods or services are supplied before the request for payment. Verification periods may exceed 30 calendar days under the condition that sufficient justification and a mutual agreement by the parties is clearly stated in the contract without any ambiguities. The procedure for acceptance or verification shall be initiated by the debtor immediately after receiving the goods and/or the services that are the object of the commercial transaction. The maximum payment period shall be 30 calendar days starting from the date such procedure has taken place, with the exception of different terms agreed under paragraph 1. 4. The payment period as set out in paragraph 1 is without prejudice to any shorter periods provided by Member States' national law.
Amendment 203 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Payment periods between undertakings 1. In commercial transactions between undertakings, the maximum payment period shall be 30 calendar days starting from the day the payment request has been received by the debtor, under the condition that the goods or services have been received by the debtor. Payment periods may be extended beyond the 30 calendar days limit under the condition that sufficient justification and a mutual agreement on this by the parties are included in the contract without any ambiguities. Unless Member States provide for a shorter payment period for such products, the same payment period shall apply on a regular as well as non- regular basis to the supply of non- perishable agricultural and food products as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633. 2. Member States' national laws may provide for procedures of acceptance or verification only in cases where the specific nature of the goods or services necessitates them. If that is the case, detailed information on the procedure of acceptance or verification, including its duration, shall be included in the contract. 3. If the contract includes a procedure of acceptance or verification, in line with paragraph 2, the maximum duration of the procedure shall not exceed 30 calendar days starting from the date the debtor receives the goods or services, including in cases where these goods or services are supplied before the request for payment. Verification periods may exceed 30 calendar days under the condition that sufficient justification and a mutual agreement by the parties is clearly stated in the contract without any ambiguities. The procedure for acceptance or verification shall be initiated by the debtor immediately after receiving the goods and/or the services that are the object of the commercial transaction. The maximum payment period shall be 30 calendar days starting from the date such procedure has taken place, with the exception of different terms agreed under paragraph 1. 4. The payment period as set out in paragraph 1 is without prejudice to any shorter periods provided by Member States' national law.