40 Amendments of Maria GRAPINI related to 2023/0323(COD)
Amendment 29 #
Proposal for a regulation
Recital 3
Recital 3
(3) Late payments directly affect liquidity and predictability of cash flows, thus increasing working capital needs and compromising a company’s access to external financing. This affects competitiveness, reduces productivity, leads to redundancies, increases the likelihood of insolvencies and bankruptcies and is a critical barrier for growth. The damaging effects of late payments spread along supply chains, as the payment delay is often passed onto suppliers. Small and medium sized enterprises (SMEs) and micro-enterprises, whoich rely on regular and predictable streams of cash, are heavily affected by those negative consequences. Late payment thus represents a problem for the Union economy because of its negative economic and social consequences.
Amendment 35 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The sector concerned with the production, distribution and retailing of slow-moving cultural products has a unique structure within the broader retail landscape. It constitutes a business model which benefits all parties involved by viewing the creative and cultural sectors as being structured as holding large stocks of products with unique, slow operating cycles and stock rotation. It is a business model tailored to the distinctive features of cultural products of intrinsic value, which move and sell slowly, and which has no equivalent in other types of retail trade.
Amendment 44 #
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 calendarworking days both in B2B transactions and G2B transactions, where the public authority is the debtor. Electronic invoicing can be a helpful tool in this regard, as it would help creditors prove the date of receipt of the invoice in case of doubt or dispute.
Amendment 50 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Public authorities in particular should set an example of due payments for the rest of economic actors.
Amendment 67 #
Proposal for a regulation
Recital 17
Recital 17
(17) It should not be possible for the creditor to waive its right to obtain interests for late payments, as interests for late payments have a double function: to offset part of the damage suffered by the creditor, because of the delay, and to sanction the debtor for the breach of contract. To facilitate receipt of interest and compensation in case of late payment by the creditor, the right for the creditor to obtain them should be automatic, except when the payment delay is not due to the debtor’s fault and this can be shown to be the case.
Amendment 77 #
Proposal for a regulation
Recital 25
Recital 25
(25) The sanctions for late payment can be dissuasive only if they are accompanied by procedures for redress which are rapid and effective for the creditor. Expedient recovery procedures for unchallenged claims should therefore be available to all creditors who are established in the Union, as should the possibility of lodging an appeal with the Court of Arbitration.
Amendment 78 #
Proposal for a regulation
Recital 26
Recital 26
(26) To facilitate and ensure compliance with this Regulation, Member States should designate authorities responsible for its enforcement, which perform their duties and tasks in an objective and fair manner and ensure equal treatment of private undertakings and public authorities. Those enforcement authorities should carry out investigations on their own initiative, act on complaints, and be empowered, among other things, to impose sanctions and publish their decisions on a regular basis. The Commission shall oversee that enforcement authorities efficiently carry out the tasks conferred to them by this Regulation. In addition, for more effective enforcement, Member States should use digital tools to the extent possible.
Amendment 85 #
Proposal for a regulation
Recital 29
Recital 29
(29) Effective access of undertakings, especially of micro-enterprises and SMEs, to credit management and financial literacy training can have a significant impact in reducing payment delays, maintaining optimal cash flows, reducing the risk of default and increasing the potential for growth. Nevertheless, micro-enterprises and SMEs often lack the capacity to invest in such training, while very limited trainings and training material focusing on enhancing micro-enterprises’ and SMEs’ knowledge of credit and invoice management are currently available. It is therefore appropriate to provide that Member States need to ensure that credit management and financial literacy trainings are available and accessible to micro-enterprises and SMEs, including on the use of digital tools for timely payments.
Amendment 93 #
Proposal for a regulation
Recital 31
Recital 31
(31) The objectives of this Regulation are to combat late payment in commercial transactions, in order to ensure the proper functioning of the internal market, thereby fostering the competitiveness of undertakings and in particular of micro- enterprises and SMEs. Those objectives cannot be sufficiently achieved by the Member States, as implementing national solutions would likely result in a lack of uniform rules, fragmentation of the single market and higher costs for companies trading across borders. Therefore, those objectives can be better achieved at Union level. The Union may therefore adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives.
Amendment 155 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, the payment period shall not exceed 30 calendarworking 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 159 #
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 (new)
Article 3 – paragraph 1 – subparagraph 1 (new)
In the case of start-ups and micro undertakings, the payment period shall not exceed 60 calendar days in the first year of application of this Regulation.
Amendment 160 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. In case of a dispute or doubt on the date of receipt of the invoice, the 30 working days payment period shall be deemed to have started 14 calendar days from the date of dispatch of the invoice.
Amendment 163 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Notwithstanding the rights and obligations conferred by this Regulation, the provisions of this Article shall not apply to contracts of consignment where a consignment contract refers to an agreement wherein a seller (consignor) entrusts goods to an individual or entity (consignee) for the purpose of selling them. The consignee, upon selling the goods, shall remit the agreed-upon price to the consignor, deducting an agreed-upon commission. Any unsold goods may be returned to the consignor, as stipulated in the consignment agreement. This exemption from this Regulation is specific to contracts of consignment and does not affect the applicability of other relevant laws or regulations.
Amendment 186 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(3a) However, longer payment deadlines may be established in the form of reciprocal agreements between parties engaged in the production and retail of slow-moving cultural products with unique operating cycles and stock rotation.
Amendment 210 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
(1) For public works contracts falling within the scope of Directives 2014/23/EU, 2014/24/EU, 2014/25/EU, and 2009/81/EC of the European Parliament and of the Council, contractors shall provide evidence to contracting authorities or contracting entities within the meaning of those Directives that, where applicable, they have paid their direct subcontractors involved in the execution of the contract within the deadlines and under the conditions set out in this Regulation. The evidence mayshall take the form of a written declaration by the contractor accompanied by valid documentary proof of payment and shall be provided by the contractor to the contracting authority or contracting entity prior to, or at the latest together with, any request for payment. Member States may provide that public authorities pay subcontractors directly when it comes to public contracts. __________________ 56 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC.
Amendment 218 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
(2a) Where a contracting entity repeatedly fails to honour the payment deadlines in respect of subcontractors, it shall be excluded from participating in any new public procurement procedures.
Amendment 221 #
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
(2b) Member States shall guarantee the right to offset tax and social security liabilities against any outstanding amounts owed to small and medium-sized enterprises (SMEs) due to late payment by public authorities in respect of public procurement contracts. Member States shall exempt SMEs from paying any tax, including on works undertaken or services rendered, until they receive such payment.
Amendment 225 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) In case of late payment, the debtor shall be liable to pay interest for late payment, except where the debtor is not responsible for the payment delay for reasons of force majeure.
Amendment 252 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
(1) The interest for late payment shall be equal to the reference rate plus 84 percentage points.
Amendment 257 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
(1) Where interest for late payment becomes payable in accordance with Article 5, a flat fee compensation for recovery costs shall be automatically due by the debtor to the creditor and shall amount to a fixed sum of EUR 5100, per every single commercial transaction.
Amendment 265 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. The following contractual terms and practices shall be prohibited. Any such terms and practices shall be null and void:
Amendment 304 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Enforcement authoritiesy
Amendment 307 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
(1) Each Member State shall designate one or morean authoritiesy responsible for the enforcement of this Regulation (‘enforcement authority’) within 12 months of the publication of this Regulation.
Amendment 311 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
(1a) The enforcement authority must be independent from public authorities involved in any way whatsoever with public procurement procedures.
Amendment 315 #
Proposal for a regulation
Article 13 – paragraph 1 b (new)
Article 13 – paragraph 1 b (new)
(1b) Each Member State shall ensure that every enforcement authority appointed at national level is provided with sufficient human, financial and technical resources to carry out its duties effectively. The enforcement authority shall be as accessible as possible to economic operators.
Amendment 321 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
(2) Where appropriate, the enforcement authoritiesy shall take measures necessary to ensure that the deadlines for payments are complied with.
Amendment 326 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
(3) EThe enforcement authoritiesy shall cooperate effectively with each other and with the Commission and shall provide each other with mutual assistance in investigations that have a cross-border dimension.
Amendment 331 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
(4) EThe enforcement authoritiesy shall coordinate their activities with other authorities responsible for enforcing other Union or national legislation including through exchange of information obligations.
Amendment 333 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
(5) EThe enforcement authoritiesy shall forward the complaints received regarding late payments in the agricultural and food sector to the competent enforcement authorities under Directive (EU) 2019/633.
Amendment 341 #
Proposal for a regulation
Article 14 – title
Article 14 – title
Powers of the enforcement authoritiesy
Amendment 343 #
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
(1) EThe enforcement authoritiesy shall have the necessary resources and expertise to perform their duties, and shall have the following powers:
Amendment 359 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Creditors may address complaints either to the enforcement authority of the Member State in which they are established or to the enforcement authority of the Member States in which the debtor is established. The enforcement authority to which the complaint is addressed shall be competent to enforce this Regulation. The enforcement authority shall notify the creditor filing a complaint within 60 calendar days how it intends to follow up on the complaint.
Amendment 361 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
(1a) Within 12 months of the publication of this Regulation, the Commission shall provide Member States and the enforcement authority with the specific data templates needed for the submission of such complaints.
Amendment 364 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where the complainant so requests, tThe enforcement authority shall take the necessary measures for the appropriate protection of the identity of the complainant. The complainant shall identify any information for which it requests confidentiality.
Amendment 366 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
(4) The enforcement authority that receives the complaint shall inform the complainant within a reasonable period ofmaximum of 10 days’ time after the receipt of the complaint of how it intends to follow up on the complaint.
Amendment 368 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
(5) Where an enforcement authority considers that there are insufficient grounds for acting on a complaint, it shall inform the complainant of the reasons of its decision within a reasonable period ofmaximum of 10 days’ time after the receipt of the complaint.
Amendment 370 #
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
(6) Where an enforcement authority considers that there are sufficient grounds for acting on a complaint, it shall initiate, conduct and conclude an investigation of the complaint within a reasonable period ofmaximum of 30 days’ time.
Amendment 372 #
Proposal for a regulation
Article 15 – paragraph 7 a (new)
Article 15 – paragraph 7 a (new)
7a. European Commission shall design, through an implementing act, a standard complaint form available in all EU languages that shall be available on the website or otherwise provided by the enforcement authority in every Member State.
Amendment 385 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that credit management tools, including factoring and financial literacy trainings are available and accessible to small and medium sized enterprises, including on the use of digital tools for timely payments.
Amendment 388 #
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17a European Observatory of late payment 1. The Commission shall set up an Observatory of Late Payment (The Observatory) by ... [OP: date of application of this Regulation]. 2. The Observatory shall monitor payment as well as late payment practices within the Union in order to collect and share expertise, best practices and identify potential harmful practices with a view to provide the Commission with advice and expertise on the evolution of payment and late payment practices. 3. The Observatory shall be able to issue opinions or written contributions related to the implementation of this Regulation. 4. The Observatory shall be chaired by the Commission and shall be composed of representatives of relevant experts and stakeholders. The composition of the board shall ensure a balanced representation of all interested stakeholders.