24 Amendments of Daniel BUDA related to 2016/2011(INI)
Amendment 1 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to three preliminary rulings by the European Court of Justice on the interpretation of Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European Order for Payment Procedure,1a __________________ 1aCases C-215/11, C-324/12 and Joined Cases C-119/13 and C-120/13
Amendment 2 #
Motion for a resolution
Recital B
Recital B
B. whereas the report is almost two years late and does not include an extended and up-to-date impact assessment forpresenting in detail the situation in each Member State as required, but only an incomplete statistical table with information dating predominantly from 2012;
Amendment 5 #
Motion for a resolution
Recital C
Recital C
C. whereas according to statistics the operation of the procedure seems largely satisfactory, but the procedure is still under-used, while its practical application in the Member States on the whole leaves something to be desired, with it being used most frequently in countries which have a similar procedure at national level;
Amendment 7 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the European Order for Payment Procedure establishes a rapid mechanism on the basis of which creditors can recover debts effectively and efficiently, and which reduces the costs of litigation and improves access to justice;
Amendment 9 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas this procedure was created to enable the rapid recovery of sums arising from debts that are certain, of a fixed amount and due, and uncontested by the defendant;
Amendment 10 #
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas the procedure provides a rapid and efficient short-term means of settling claims, since there is no assessment of the basis of the legal relations between the parties, and whereas the rapid and efficient recovery of debts that are not the subject of any legal proceedings is of paramount importance for economic operators in the European Union;
Amendment 11 #
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas Regulation EC No 1896/2006 falls into the category of measures in the field of judicial cooperation in civil matters having cross- border implications and needed for the functioning of the internal market;
Amendment 12 #
Motion for a resolution
Recital C e (new)
Recital C e (new)
Ce. whereas late payments are a key cause of insolvency, which threatens the survival of businesses – and in particular of small and medium-sized enterprises – and results in numerous job losses;
Amendment 13 #
Motion for a resolution
Recital D
Recital D
D. whereas moreconcrete measures should, therefore, be donetaken to inform EU citizens, businesses, legal professionals and other relevant parties of the existence, functioning, application and advantages of the procedure;
Amendment 16 #
Motion for a resolution
Recital E
Recital E
E. whereas, in certain Member States in which the European Order for Payment Procedure is not applied in conformity with the current Regulation, orders should be issued more quickly and, in line within the 30-day deadline set by the regulation;
Amendment 20 #
Motion for a resolution
Recital F
Recital F
F. whereas the development of the e- Codex system to allow the online submission of applications is to be encouragedthe forms relating to applications, along with their efficient forwarding, is to be encouraged, through firm measures, thus making for a more efficient use of the procedure;
Amendment 22 #
Motion for a resolution
Recital G
Recital G
G. whereas more Member States should follow the example of Freanch examplee, the Czech Republic, Estonia, Cyprus and Sweden and allow claimants to submit their applications in additional languages;
Amendment 23 #
Motion for a resolution
Recital H
Recital H
H. whereas the streamlined nature of the procedure does not mean that it can be misused to enforce unfair contractual terms, since Article 8 of Regulation (EC) No 1896/2006 calls on the court to examine whether the claim is founded, on the basis of the information available to it, thus ensuring compatibility with the relevant case law of the Court of Justice on this subject;
Amendment 25 #
Motion for a resolution
Recital I
Recital I
I. whereas the standard forms need revising and amending in order to update the list of EU Member States and currencies, and to make better provision for an appropriate description of the interest to be recovered, with a view to the payment of interest on claims;
Amendment 29 #
Motion for a resolution
Recital J
Recital J
J. whereas the Commission should consider proposing thethe possibility of revision ofng the provisions on the scope of the procedure and on the; whereas the Commission should also carry out an exceptional review of orders;
Amendment 31 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the successful operation in all the Member States of the European Order for Payment Procedure, a procedure applicable in civil and commercial matters relating to uncontested claims whose main objective is to simplify and speed up the procedure for the cross-border recognition and enforcement of creditors’ rights in the EU;
Amendment 32 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the significant delay, of almost two years, in the submission of the Commission’s report reviewing the implementation of Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European Order for Payment Procedure;
Amendment 33 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Regrets the lack of an extended, detailed impact assessment for each Member State in the Commission’s report, as required by Article 32 of Regulation (EC) No 1896/2006, while also regretting the lack of up-to-date data in this report on the situation in the Member States with regard to the functioning and implementation of the European Order for Payment Procedure, and calls on the Commission to produce an extended impact comprehensive assessment for each Member State as soon as possible;
Amendment 35 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. NotesRegrets, likewise, that use of the European Order for Payment Procedure varies significantly between Member States; stresses in this connection that, despite the simplified modern procedure offered by EU legislation, the differences in implementation in the Member States and the desirability of choosing national legislation rather than the order for payment procedure are failing to maximise the results of the implementation of Regulation (EC) No 1896/2006, and European citizens are consequently unable to exercise their rights at cross-border level, posing a risk of a decline in confidence in EU legislation;
Amendment 37 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that it is necessarypractical steps need to be taken to further inform relevantEU citizens, businesses and legal professionals and other relevant actors of the availability of the European Order for Payment Procedure in cross-border cases, and of the advantages of this procedure; stresses, further, that assistance is needed for SMEs to improve their use, understanding and knowledge of existing legal instruments with a view to the enforcement of claims at cross-border level with regard to the relevant EU legislation;
Amendment 41 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need to hold Member States to account in providing the Commission with accurate and, comprehensive and up-to-date data for effective monitoring and evaluation purposes and to achieve the planned objective;
Amendment 48 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Fully supports the work being done to allow, in the future, the electronic submission of applications for a European Order for Payment; urges, in this connection, that firm steps be taken to create the e-Codex system for the online submission and effective transmission of the corresponding application forms, thereby helping to make the use of the procedure more efficient;
Amendment 51 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to adopt updated, revised and amended standard forms as required, in order to make better provision, inter alia, for an appropriate description of the interest to be recovered, with a view to the payment of interest on claims;
Amendment 57 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that a future review of the regulation should look atstudy the possibility of removing certain exceptions to the scope of the procedure and at revising the provisions on the review of European Orders for Payment;