Activities of Jasenko SELIMOVIC related to 2018/2056(INI)
Plenary speeches (1)
Combating late payment in commercial transactions (debate)
Shadow reports (1)
REPORT on the implementation of Directive 2011/7/EU on combating late payment in commercial transactions PDF (488 KB) DOC (68 KB)
Amendments (10)
Amendment 16 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas, according to the Atradius Barometer, 95% of SMEs say that they are paid late in Europe, which is a higher proportion than large companies, thus allowing to conclude that SMEs tend to pay quicker than large companies but get paid later;
Amendment 19 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas late payments create additional costs for companies as they have to invest resources into chasing late payers or they have to pay interest on the credit contracted in order to continue business operations;
Amendment 23 #
Motion for a resolution
Recital O
Recital O
O. whereas given the variety of factors leading to late payment (i.e.late payment is a multi- factored, complex problem caused by horizontal drivers, common across all sectors and across transactions (such as cash-flow issues, imbalances of power and size between companies, supply chain structure, administrative inefficiency, poor access to credit, lack of knowledge of invoice and credit management) and by the influence of external factors (i.e. the economic situation and national business culture), it is not possible to distinguish one solution that would solve all issues;
Amendment 29 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. BelievesConsiders that EU legislation on late payments and the Commission's follow up action on infringements since the adoption of the 2011 Late Payments Directive has brought about a change in culture in public administrations across the EU, characterised by a general decline in payment delays; believes, however, that both the Late Payment Directive and national legislation on late payment should be better enforced through measures aimed at improving rules on payment terms and discouraging unfair practices; notes that these measures can be categorised according to their nature (legal or voluntary), scope (horizontal or sector- specific) and objective (preventive, remedial or change in business culture);
Amendment 32 #
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 38 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that in sectors particularly vulnerable to long payment terms, Member States cshould consider establishing stricter payment terms as a general rule; notes that some Member States have limited the standard payment term to 30 days (instead of the 60 days set out in the Late Payment Directive), while only a few Member States have introduced maximum payment terms (from which the parties cannot derogate); notes furthermore that at sector level the introduction of maximum payment terms is more common; considers that legislation setting out stricter payment terms would be effective in reducing payment terms to some extent and, provided that it is enforced, would create a level playing field between large and small companies; believes that legislation defining payment terms differentiated by category of products or services is relevant in promoting fair practices and addressing sectoral specificities;
Amendment 46 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that the introduction of the mandatory publication of information in specific databases and registries concerning payment behaviour can discourage late payment and help businesses choose reliable commercial partners; considers that the ‘name and shame’ factor, peer-pressure provisions and public access to information can be an incentive for companies to improve their payment practices and uphold their monetary obligations;
Amendment 54 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the importance of providing entrepreneurs, in particular SMEs, with more information and education on credit and invoice management; recalls that effective credit management shortens the average collection period and maintains an optimal cash flow, thus reducing the risk of default and increasing the potential for growth; believes that training and support may also make SMEs more likely to takeare likely to make SMEs take better advantage of Late Payment Directive remedies; notes that SMEs unfortunately often lack the capacity to invest in training and that there are currently no programmes at EU or national level focusing on enhancing businesses’ knowledge of credit and invoice management; believes that more EU funds should possibly be directed towards the financial education of SMEs and urges therefore Member States´ authorities to step up their efforts in providing further training for SMEs in credit management;
Amendment 61 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to enforce their national legislation and to encourage and improve stricter controls, in particular among large companies, and the use of administrative sanctions (reinforced through a ‘name and shame’ provision that generates peer pressure), thus contributing to the improvement of payment behavior; maintains that direct intervention from the public authorities, since it is they who enforce administrative sanctions, could help to overcome the ‘fear factor’ and relieve creditors of the responsibility to take action against debtors, as the authorities would directly enforce the law and take discretionary action against enterprises engaged in bad payment practices; believes that the value of sanctions and their cumulative nature could deter companies from paying late, while public access to information (publication of sanctions) could directly harm the company’s image;
Amendment 99 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on theUrges Member States to improve their legislation and promote theensure proper implementation of the Late Payment Directive in all its parts by bringing their relevant legislation, including the implementing secondary provisions in line with the rules of the directive;