Activities of Eugen JURZYCA related to 2023/0323(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on combating late payment in commercial transactions
Amendments (62)
Amendment 28 #
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), who rely on regular and predictable streams of cash, are heavily are affected by those negative consequences. Late payment thus represents a problem for the Union economy because of its negative economic and social consequences, while regulatory intervention should consider also benefits of late payment in situations, which are beneficial for both parties, the debtor and the creditor.
Amendment 28 #
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), who rely on regular and predictable streams of cash, are heavily are affected by those negative consequences. Late payment thus represents a problem for the Union economy because of its negative economic and social consequences, while regulatory intervention should consider also benefits of late payment in situations, which are beneficial for both parties, the debtor and the creditor.
Amendment 40 #
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. AOn one hand, 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 paymes necessary to reverse this trend and to discourage late payment, but on the other hand legitimate reasons of temporary cash flow constraints such as delayed customer payments, business growth, seasonal fluctuations, unexpected expenses, inventory management issues, market dynamics and competition or economic downturns should also be taken into account. Consequently, contractual payment periods should be in principle limited to 30 calendar days both in BG2B transactions and G2B transactions, where the public authority is the debtor. The payment periods in B2B transactions should be limited to 60 calendar days if not contractually agreed otherwise. Member States should ensure that the contractual terms and practices on payment periods are not grossly unfair.
Amendment 40 #
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. AOn one hand, 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 paymes necessary to reverse this trend and to discourage late payment, but on the other hand legitimate reasons of temporary cash flow constraints such as delayed customer payments, business growth, seasonal fluctuations, unexpected expenses, inventory management issues, market dynamics and competition or economic downturns should also be taken into account. Consequently, contractual payment periods should be in principle limited to 30 calendar days both in BG2B transactions and G2B transactions, where the public authority is the debtor. The payment periods in B2B transactions should be limited to 60 calendar days if not contractually agreed otherwise. Member States should ensure that the contractual terms and practices on payment periods are not grossly unfair.
Amendment 52 #
Proposal for a regulation
Recital 12
Recital 12
(12) The procedures of acceptance or verification for ascertaining the conformity of the goods or services provided with the requirements of the contract, as well as verification of the correctness and conformity of the invoice, are often used to delay intentionally the payment period. Their inclusion in the contract should therefore be objectively justified by the particular nature of the contract in question or by certain of its characteristics43 . It should therefore be possible to provide for such procedure of verification or acceptance in a contract only when provided for in national law where necessary, due to the specific nature of the goods or services. To avoid that the procedure of acceptance or verification is used to extend the payment period, the contract should clearly describe the details of such procedure, including its duration. For the same purpose, the debtor should initiate the verification or acceptance procedure immediately upon reception from the creditor of the goods and/or the services that are the object of the commercial transaction, regardless of whether the creditor has issued an invoice or equivalent request for payment. In order not to jeopardise the achievement of the objectives of this Regulation, it is appropriate to set a maximum duration of a procedure of acceptance or verification. __________________ 43 Judgment of 20 October 2022, BFF Finance Iberia SAU v Gerencia Regional de Salud de la Junta de Castilla y León (OJ C 53, 15.2.2021, p. 19) C585/20, EU:C:2022:806, paragraph 53.
Amendment 52 #
Proposal for a regulation
Recital 12
Recital 12
(12) The procedures of acceptance or verification for ascertaining the conformity of the goods or services provided with the requirements of the contract, as well as verification of the correctness and conformity of the invoice, are often used to delay intentionally the payment period. Their inclusion in the contract should therefore be objectively justified by the particular nature of the contract in question or by certain of its characteristics43 . It should therefore be possible to provide for such procedure of verification or acceptance in a contract only when provided for in national law where necessary, due to the specific nature of the goods or services. To avoid that the procedure of acceptance or verification is used to extend the payment period, the contract should clearly describe the details of such procedure, including its duration. For the same purpose, the debtor should initiate the verification or acceptance procedure immediately upon reception from the creditor of the goods and/or the services that are the object of the commercial transaction, regardless of whether the creditor has issued an invoice or equivalent request for payment. In order not to jeopardise the achievement of the objectives of this Regulation, it is appropriate to set a maximum duration of a procedure of acceptance or verification. __________________ 43 Judgment of 20 October 2022, BFF Finance Iberia SAU v Gerencia Regional de Salud de la Junta de Castilla y León (OJ C 53, 15.2.2021, p. 19) C585/20, EU:C:2022:806, paragraph 53.
Amendment 65 #
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.
Amendment 65 #
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.
Amendment 68 #
Proposal for a regulation
Recital 21
Recital 21
(21) Abuse of freedom of contract to the disadvantage of the creditor should be avoided. As a result, where a clause in a contract or a practice relating to the date or term of payment, the payment or rate of interest for late payment, the compensation for recovery costs, extending the duration the procedure of verification or acceptance or intentionally delaying or preventing the moment of sending the invoice is not in conformity with this Regulation, it should be null and void.
Amendment 68 #
Proposal for a regulation
Recital 21
Recital 21
(21) Abuse of freedom of contract to the disadvantage of the creditor should be avoided. As a result, where a clause in a contract or a practice relating to the date or term of payment, the payment or rate of interest for late payment, the compensation for recovery costs, extending the duration the procedure of verification or acceptance or intentionally delaying or preventing the moment of sending the invoice is not in conformity with this Regulation, it should be null and void.
Amendment 75 #
Proposal for a regulation
Recital 24
Recital 24
(24) To ensure correct application of this Regulation, it is important to provide transparency regarding the rights and obligations as laid down by this Regulation. To ensure that the correctrecommended rates of interest are applied, it is important that they are made public by the Member States and the Commission.
Amendment 75 #
Proposal for a regulation
Recital 24
Recital 24
(24) To ensure correct application of this Regulation, it is important to provide transparency regarding the rights and obligations as laid down by this Regulation. To ensure that the correctrecommended rates of interest are applied, it is important that they are made public by the Member States and the Commission.
Amendment 79 #
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, including anonymous complaints, and be empowered, among other things, to impose sanctions and publish their decisions on a regular basis. In addition, for more effective enforcement, Member States should use digital tools to the extent possiblhat provide added value.
Amendment 79 #
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, including anonymous complaints, and be empowered, among other things, to impose sanctions and publish their decisions on a regular basis. In addition, for more effective enforcement, Member States should use digital tools to the extent possiblhat provide added value.
Amendment 87 #
Proposal for a regulation
Recital 29
Recital 29
(29) Effective access of undertakings, especially of SMEs, to credit management, invoice 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, invoice management and financial literacy trainings are available and accessible to SMEs, including on the use of digital tools for timely payments.
Amendment 87 #
Proposal for a regulation
Recital 29
Recital 29
(29) Effective access of undertakings, especially of SMEs, to credit management, invoice 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, invoice management and financial literacy trainings are available and accessible to SMEs, including on the use of digital tools for timely payments.
Amendment 89 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 89 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 91 #
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) Transparency obligations where public authorities and large companies disclose information about their average payment periods could contribute to combating late payments in business transactions. Public authorities and large companies should disclose their average payment periods for settling invoices and receiving payments, thereby enhancing accountability. By empowering the market with crucial information, this register aims to facilitate fairer negotiations with price offer reflecting costs of potential late payment, improve market reputation for public authorities and companies with positive payment practices, and contribute to a cultural shift towards timely transactions. SMEs are encouraged but not obliged to do so, as it might represent a disproportionate administrative burden for them. Regulatory bodies should use the register to monitor legal compliance and foster effective government policies to address late payment challenges.
Amendment 91 #
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) Transparency obligations where public authorities and large companies disclose information about their average payment periods could contribute to combating late payments in business transactions. Public authorities and large companies should disclose their average payment periods for settling invoices and receiving payments, thereby enhancing accountability. By empowering the market with crucial information, this register aims to facilitate fairer negotiations with price offer reflecting costs of potential late payment, improve market reputation for public authorities and companies with positive payment practices, and contribute to a cultural shift towards timely transactions. SMEs are encouraged but not obliged to do so, as it might represent a disproportionate administrative burden for them. Regulatory bodies should use the register to monitor legal compliance and foster effective government policies to address late payment challenges.
Amendment 92 #
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 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 of 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 92 #
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 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 of 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 94 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) The Commission and Member States should review also other solutions to combat late payments outside this Regulation, for example, in order to address problems where big buyers, like large retailers or governments, use their purchasing power to force small sellers to accept their payment terms. Competition authorities could be more effective in handling individual cases. Perhaps even allowing enforcement against public bodies that do not pay on time should be assessed.
Amendment 94 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) The Commission and Member States should review also other solutions to combat late payments outside this Regulation, for example, in order to address problems where big buyers, like large retailers or governments, use their purchasing power to force small sellers to accept their payment terms. Competition authorities could be more effective in handling individual cases. Perhaps even allowing enforcement against public bodies that do not pay on time should be assessed.
Amendment 111 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. With the exception of Article 3(1), tThis Regulation shall not affect the provisions laid down in Directive (EU) 2019/633.
Amendment 111 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. With the exception of Article 3(1), tThis Regulation shall not affect the provisions laid down in Directive (EU) 2019/633.
Amendment 122 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘late payment’ means payment of the amount due that is not made within the contractual or statutory payment period as set out in Article 3;
Amendment 122 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘late payment’ means payment of the amount due that is not made within the contractual or statutory payment period as set out in Article 3;
Amendment 153 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions between undertakings, the payment period shall not exceed 360 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 between public authorities and undertakings, unless otherwise expressly agreed in the contract and provided it is not grossly unfair to the creditor within the meaning of Article 9. 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 153 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions between undertakings, the payment period shall not exceed 360 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 between public authorities and undertakings, unless otherwise expressly agreed in the contract and provided it is not grossly unfair to the creditor within the meaning of Article 9. 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 166 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. In commercial transactions where the debtor is a public authority, 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.
Amendment 166 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. In commercial transactions where the debtor is a public authority, 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.
Amendment 171 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. A procedure of acceptance or verification may be exceptionally provided for in national law only where strictly 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.
Amendment 171 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. A procedure of acceptance or verification may be exceptionally provided for in national law only where strictly 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.
Amendment 183 #
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 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, unless otherwise expressly agreed in the contract and provided it is not grossly unfair to the creditor within the meaning of Article 9. 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 183 #
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 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, unless otherwise expressly agreed in the contract and provided it is not grossly unfair to the creditor within the meaning of Article 9. 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 188 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
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 188 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
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 233 #
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Interest for late payment shall be automatically due by the debtor to the creditor, without the creditor needing to send a reminder, where the following conditions are satisfied:
Amendment 236 #
Proposal for a regulation
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) the creditor has not received the amount due specified in the invoice or the equivalent request for payment, within the contractual or statutory payment period as set out in Article 3.
Amendment 242 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. It shall not be possible for the creditor to waive its right to obtain interest for late payment.
Amendment 247 #
Proposal for a regulation
Article 5 – paragraph 6 – point a
Article 5 – paragraph 6 – point a
(a) the number of days agreed as the payment period after the receipt by the debtor of the invoice or an equivalent request for payment;
Amendment 249 #
Proposal for a regulation
Article 5 – paragraph 6 – point b
Article 5 – paragraph 6 – point b
(b) the number of days agreed as the payment period after the receipt by the debtor of the goods or services.
Amendment 264 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Null and void, void and grossly unfair contractual terms and practices
Amendment 269 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 270 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) excluding or limiting the right of the creditor to obtain interest for late payment provided for in Article 5 or the right to obtain compensation for recovery costs provided for in Article 8;
Amendment 278 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The contractual terms and practices setting the grossly unfair payment period shall be considered grossly unfair. In determining whether a contractual term is grossly unfair all circumstances shall be considered, including: (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 statutory rate of interest for late payment, from the payment period as referred to in Article 3 or from the fixed sum as referred to in Article 8(1).
Amendment 282 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that adequate and effective means exist to verify and end the contractual terms and practices referred to in paragraph 1 and 1a.
Amendment 283 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Member States shall ensure that, in the interests of creditors and competitors, adequate and effective means exist to prevent the continued use of contractual terms and practices which are grossly unfair.
Amendment 284 #
Proposal for a regulation
Article 9 – paragraph 3 b (new)
Article 9 – paragraph 3 b (new)
3b. The means referred to in paragraph 2 shall include provisions whereby organisations officially recognised as representing undertakings, or organisations with a legitimate interest in representing undertakings may take action according to the applicable national law before the courts or before competent administrative bodies on the grounds that contractual terms or practices are grossly unfair, so that they can apply appropriate and effective means to prevent their continued use.
Amendment 285 #
Proposal for a regulation
Article 10
Article 10
Amendment 293 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. National enforcement authorities shall publish on their website a list of undertakings against which decisions referred to in Article 14 have been issued.
Amendment 296 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11a Transparency obligations 1. Public authorities and large undertakings, as referred to in Article 3(4) of Directive 2013/34/EU shall publish information on their payment practices, including average payment periods for settling invoices and to receive payment for invoices. 2. The report shall include at least: a. the average payment period for settling invoices and to receive payment for invoices; b. the percentage and value of payments settled within 30 days, in 31 to 60 days, and in 61 days or more; c. the percentage and value of payments made overdue by up to 15 days, in 16 to 30 days, in 31 to 60 days, and in 61 days or more; d. the percentage and value of payments received within 30 days, in 31 to 60 days, and in 61 days or more; e. the percentage and value of payments received overdue by up to 5 days, in 6 to 15 days, in 16 to 30 days, in 31 to 60 days, and in 61 days or more. 3. The report shall provide information according to paragraph 2 separately for micro undertakings, small and medium- sized undertakings and large undertakings as referred to Directive 2013/34/EU. 4. The report shall be easily and publicly available on the websites of public authorities and large undertakings.
Amendment 319 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where appropriate, enforcement authorities shall take proportionate measures necessary to ensure that the deadlines for payments are complied with.
Amendment 334 #
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. By [OP: please insert the date = 1 year after the entry into force of this Regulation] and every 3 years thereafter, the Commission shall make publicly available the information regarding enforcement authorities in Member States, the number of complaints and investigations, measures taken according to paragraph 2 of this Article and identification of best practices.
Amendment 344 #
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Enforcement authorities shall have the necessary resources and expertise to perform their duties, and shallmay have the following powers:
Amendment 363 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where the complainant so requests, the 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. Complainants may submit a complaint to the enforcement authorities anonymously.
Amendment 379 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. To the extent possiblit brings added value, Member States shall use digital tools for effective enforcement of this Regulation.
Amendment 384 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that credit management tools, invoice management tools 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 394 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
By [OP: please insert the date = 4 years after the entry into force of this Regulation], the Commission shall submit a report on the implementapplication of this Regulation to the European Parliament and the Council.
Amendment 395 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
The report shall assess the following: a) the impact of this Regulation on the proper functioning of the Union’s internal market, including the competitiveness and growth; b) the impact of this Regulation on additional cash flow to the market ; c) the impact of this Regulation on costs to consumers within the Union; d) the payment culture, trends, average payment times, regulatory measures and their effectiveness in third countries and comparison of their effectiveness to this Regulation; e) the effectiveness of allowing executions of public authorities that do not pay on time; f) the long-term impact of restricting freedom of contracts on the competitiveness of the Union; g) the effectiveness to off-set overdue payments by tax or social security payments where the debtor is a public authority; h) the total number and the market share of voluntary market initiatives promoting payment culture per Member State, including assessment of their effectiveness; i) whether any EU voluntary prompt payment code is needed to effectively improve payment culture; j) whether any changes are needed to the requirements on information set out in Article 11a on Transparency reporting obligations, including cost-benefit analysis of requirements in Article 11a; k) whether it is user-friendly to find the information set out in Article 11a; l) the application of penalties and other administrative measures and, in particular, any need to further harmonise the administrative penalties provided for infringements of this Regulation; m) the costs of complying with this Regulation for undertakings per size category, including additional financing costs, as a percentage of operational costs; n) the number and amount of administrative fines and criminal penalties imposed according to or in relation with this Regulation classified by Member States; o) list of measures introduced in Member States according to Article 17, including analysis of effectiveness and identification of best practices.
Amendment 399 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. It shall apply from [OP: please insert the date = 124 months after the date of entry into force of this Regulation].