30 Amendments of Brando BENIFEI related to 2023/0323(COD)
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 60 #
Proposal for a regulation
Recital 14
Recital 14
(14) Public procurement can play a significant role in improving payment performance. Enhanced synergies should therefore be put in place between public procurement policies and rules and prompt payment objectives and effective measures should be introduced to discourage not only late payment by public authorities but also the awarding of contracts to undertakings that do not pay on time or as provided for in this Regulation. Particularly in public construction works, subcontractors are often not paid on time by the main contractor, even when the contracting authorities or contracting entities have made the contractual payments to them, thus potentially creating a damaging domino-effect in the supply chain. It is therefore appropriate that contractors provide evidence to contracting authorities and contracting entities of payments to their direct subcontractors.
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 83 #
Proposal for a regulation
Recital 29
Recital 29
(29) Effective access of undertakings, especially of 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, SMEs often lack the capacity to invest in such training, while very limited trainings and training material focusing on enhancing 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 SMEs, including on the use of digital tools for timely payments. To that end, Member States should provide for an appropriate budget allocation for those measures, allocating a share of the amounts raised by law enforcement authorities as penalties imposed for infringement of this Regulation.
Amendment 123 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) ‘payment document’ means any invoice, credit note or equivalent request for payment;
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 156 #
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 paypayment document 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 184 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Where the contract provides for a procedure of acceptance or verification, in accordance with paragraph 2, the maximum duration of that procedure shall not exceed 3015 calendar days from the date of receipt of the goods or services by the debtor, even if such goods or services are supplied prior to the issuance of the invoice or an equivalent request for paypayment document. In this case, the debtor shall initiate the procedure for acceptance or verification immediately upon reception from the creditor of the goods and/or the services that are the object of the commercial transaction. The payment period shall not exceed 30 calendar days after such procedure has taken place.
Amendment 215 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall ensure that, for public works contracts referred to in the first paragraph, contracting authorities include in the contract notice a criterion of merit for the undertakings which are the subject of measures referred to in Article 14(1)(d) that have not been challenged within the time limits laid down by law or that have been confirmed in judicial or administrative proceedings. Law enforcement authorities shall ensure that contracting authorities have access to their databases.
Amendment 223 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Offsetting against liabilities owed to public entities For public works contracts falling within the scope of Directives 2014/23/EU, 2014/25/EU, 2014/24/EU and 2009/81/EC of the European Parliament and of the Council, Member States shall ensure that an undertaking which qualifies as a creditor within the meaning of Article 2(9) of this Regulation may ask the contracting authority which has not paid the amount due within the time limit laid down in Article 3 of this Regulation to offset the amount due against the liabilities that a public authority has in any way towards the creditor.
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 267 #
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 null and void:
Amendment 279 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Where the clauses referred to in paragraph 1 are in the nature of practices, the conduct in question shall be regarded as unlawful.
Amendment 290 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Every year, law enforcement authorities shall publish on their institutional website a list of undertakings against which decisions referred to in Article 14(1)(d) have been taken and which have not been subject to administrative or judicial review by the interested parties or have been backed in reviews of that kind, in accordance with the laws of the Member State. Decisions shall be available free of charge, in compliance with data protection law.
Amendment 294 #
Proposal for a regulation
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
2b. By March at the latest, the Commission shall be informed of the lists of undertakings against which decisions referred to in Article 14(1)(d) have been taken and which have not been subject to administrative or judicial review by the interested parties or have been backed in appeals of that kind, in accordance with the rules of the Member State. The Commission shall draw up a single list, which shall be published on a dedicated section of its institutional website and regularly updated. Decisions shall be available free of charge, in compliance with data protection law. The Commission shall ensure that the decisions published are translated into the official languages of the Union.
Amendment 305 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Each Member State shall designate one or more authorities responsible for the enforcement of this Regulation (‘enforcement authority’). Member States shall provide this authority with appropriate human, technical and financial resources to carry out its tasks and enforce its powers efficiently.
Amendment 320 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where appropriate, enforcement authorities shall take measures necessary to ensure that the deadlines for payments are complied with and compliance is bolstered.
Amendment 325 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Enforcement authorities 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. The Commission shall oversee the effective cooperation of the enforcement authorities.
Amendment 347 #
Proposal for a regulation
Article 14 – paragraph 1 – point c a (new)
Article 14 – paragraph 1 – point c a (new)
(ca) without prejudice to Article 15(3), the power to invite the debtor and the creditor to appear at the premises of the enforcement authority for a conciliation attempt, without prejudice to the use of the mechanisms referred to in Article 16;
Amendment 349 #
Proposal for a regulation
Article 14 – paragraph 1 – point c b (new)
Article 14 – paragraph 1 – point c b (new)
(cb) the power to notify the competent authorities referred to in Directive 2013/34/EU of any irregularities in the context of the reporting requirements referred to in Article 29b of that Directive.
Amendment 351 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall ensure that a significant share of the amounts collected by law enforcement authorities as penalties are allocated to the financing of the measures referred to in Article 17 of this Regulation.
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 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 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.