6 Amendments of Tom VANDENKENDELAERE related to 2023/0323(COD)
Amendment 114 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘small- and medium-sized undertaking’ means any organiszation, irrespective of its form and way of financing, carrying out an economic or professional activity independently; employing fewer than 250 persons with an annual turnover that does not exceed 50 million euro, and/or an annual balance sheet total that does not exceed 43 million euro, as defined in Article 2 of the annex to the Commission Recommendation 2003/361/EC1a; __________________ 1a Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36)
Amendment 115 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) ‘large undertaking’ means any organization not falling under the definition of Article 2(1), point (1);
Amendment 117 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1b) ‘grossly unfair’ refers to a contractual term or practice causing the bargaining power between the debtor and the creditor to be unbalanced, considering the following circumstances: (a) any gross deviation from good commercial practice, contrary to good faith and fair dealing; (b) the nature of the product or the service; and (c) whether the debtor has any objective reason to deviate from the payment period as referred to in Article 3.
Amendment 141 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions between large undertakings and small and medium-sized undertakings, 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 betweIn commercial transactions between large undertakings, the parties may agree on a longer payment period, unless this period is manifestly unfair to the creditor. In commercial transactions where the debtor is a public authority, the payment public authorities and undertakingeriod 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. The same payment periods 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 204 #
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 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. If justified and agreed between the parties in the contract in clear and unambiguous terms, payment periods may exceed 30 calendar days. This extension may not represent an unfair practice. This period shall apply to the transactions between 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. 2. A procedure of acceptance or verification may be provided for in national law only where necessary due to the specific nature of the goods or services. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its duration. 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 30 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 payment. If justified and agreed between the parties in the contract in clear and unambiguous terms, verification periods may exceed 30 calendar days. This extension may not represent an unfair practice. 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, with the exception of different terms agreed under Article 4(1). 4. The payment period set out in paragraph 1 is the maximum payment period and is without prejudice to a shorter period which may be provided for in national law.
Amendment 405 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4