32 Amendments of Jean-Lin LACAPELLE related to 2023/0323(COD)
Amendment 43 #
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 calendar days both in B2B transactions where the debtor is a large undertaking in the meaning of Article 3(4) of Directive (EU) 2016/34 and G2B transactions, where the public authority is the debtor, whether in the context of public procurement or otherwise.
Amendment 43 #
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 calendar days both in B2B transactions where the debtor is a large undertaking in the meaning of Article 3(4) of Directive (EU) 2016/34 and G2B transactions, where the public authority is the debtor, whether in the context of public procurement or otherwise.
Amendment 48 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) However, there may be circumstances in which undertakings require longer payment periods, for example when undertakings wish to grant trade credit to their customers. It should therefore remain possible for the parties to expressly agree on longer payment periods, provided, however, that such an extension is not grossly unfair to the creditor.
Amendment 48 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) However, there may be circumstances in which undertakings require longer payment periods, for example when undertakings wish to grant trade credit to their customers. It should therefore remain possible for the parties to expressly agree on longer payment periods, provided, however, that such an extension is not grossly unfair to the creditor.
Amendment 51 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) Sector-specific derogation rules have been shown to be effective for certain highly seasonal sectors (toys outside the Christmas period, ski equipment in summer, etc.) or for products that are inherently slow to sell (jewellery, machinery, expensive electronics, etc.). Member States and sectors may therefore choose to keep or establish sector-specific derogation rules for payment periods.
Amendment 51 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) Sector-specific derogation rules have been shown to be effective for certain highly seasonal sectors (toys outside the Christmas period, ski equipment in summer, etc.) or for products that are inherently slow to sell (jewellery, machinery, expensive electronics, etc.). Member States and sectors may therefore choose to keep or establish sector-specific derogation rules for payment periods.
Amendment 58 #
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should be without prejudice to shorter or longer periods which may be provided for in national law, and which are more favourable to the creditor.
Amendment 58 #
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should be without prejudice to shorter or longer periods which may be provided for in national law, and which are more favourable to the creditor.
Amendment 90 #
Proposal for a regulation
Recital 30
Recital 30
(30) Certain provisions in this Regulation are linked to the provisions in Directive (EU) 2019/633 of the European Parliament and of the Council51 and the provisions in Regulation (EU) 1308/2013. The relationship between Directives 2011/7/EU and (EU) 2019/633 is explained in recitals (17) and (18) and Article 3(1) of Directive (EU) 2019/633. As this Regulation replaces Directive 2011/7/EU, it should not affect the rules laid down in Directive (EU) 2019/633, including the provisions that are applicable to payments made in the context of the school scheme52, value-sharing agreements53 and certain payments for the sale of grapes, must and wine in bulk in the wine sector54 , except for the deadlines applicable to the maximum payment periods concerning the supply of non- perishable agricultural and food products. However, this Regulation does not prevent the Member States from introducing or maintaining national provisions applicable in the agricultural and food sector which provide for stricter payment terms, or different calculation of payment periods, dies a quo and verification and acceptance procedures for suppliers of agricultural and food products that are more favourable to the creditor. This Regulation should similarly not affect the rules established in Article 147a of Regulation (EU) 1308/2013, which allows for provisions applicable to sales of wine in bulk. __________________ 51 Directive (EU) No 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain (OJ L 111, 25.4.2019, p. 59). 52 Article 23 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, establishing a common organisation of the markets in agricultural products (OJ L 347, 20.12.2013, p. 671). 53 Article 172a of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, establishing a common organisation of the markets in agricultural products (OJ L 347, 20.12.2013, p. 671). 54 Article 147a of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, establishing a common organisation of the markets in agricultural products (OJ L 347, 20.12.2013, p. 671).
Amendment 90 #
Proposal for a regulation
Recital 30
Recital 30
(30) Certain provisions in this Regulation are linked to the provisions in Directive (EU) 2019/633 of the European Parliament and of the Council51 and the provisions in Regulation (EU) 1308/2013. The relationship between Directives 2011/7/EU and (EU) 2019/633 is explained in recitals (17) and (18) and Article 3(1) of Directive (EU) 2019/633. As this Regulation replaces Directive 2011/7/EU, it should not affect the rules laid down in Directive (EU) 2019/633, including the provisions that are applicable to payments made in the context of the school scheme52, value-sharing agreements53 and certain payments for the sale of grapes, must and wine in bulk in the wine sector54 , except for the deadlines applicable to the maximum payment periods concerning the supply of non- perishable agricultural and food products. However, this Regulation does not prevent the Member States from introducing or maintaining national provisions applicable in the agricultural and food sector which provide for stricter payment terms, or different calculation of payment periods, dies a quo and verification and acceptance procedures for suppliers of agricultural and food products that are more favourable to the creditor. This Regulation should similarly not affect the rules established in Article 147a of Regulation (EU) 1308/2013, which allows for provisions applicable to sales of wine in bulk. __________________ 51 Directive (EU) No 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain (OJ L 111, 25.4.2019, p. 59). 52 Article 23 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, establishing a common organisation of the markets in agricultural products (OJ L 347, 20.12.2013, p. 671). 53 Article 172a of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, establishing a common organisation of the markets in agricultural products (OJ L 347, 20.12.2013, p. 671). 54 Article 147a of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, establishing a common organisation of the markets in agricultural products (OJ L 347, 20.12.2013, p. 671).
Amendment 100 #
Proposal for a regulation
Article premier – paragraph 3 – point a a (new)
Article premier – paragraph 3 – point a a (new)
(aa) payments made for goods and services benefiting from Article 164 of Directive 2006/112/EC and exported to third countries;
Amendment 100 #
Proposal for a regulation
Article premier – paragraph 3 – point a a (new)
Article premier – paragraph 3 – point a a (new)
(aa) payments made for goods and services benefiting from Article 164 of Directive 2006/112/EC and exported to third countries;
Amendment 108 #
Proposal for a regulation
Article premier – paragraph 4
Article premier – paragraph 4
4. With the exception of Article 3(1), this Regulation shall not affect the provisions laid down in Directive (EU) 2019/633 or the provisions laid down in Regulation (EU) 1308/2013.
Amendment 108 #
Proposal for a regulation
Article premier – paragraph 4
Article premier – paragraph 4
4. With the exception of Article 3(1), this Regulation shall not affect the provisions laid down in Directive (EU) 2019/633 or the provisions laid down in Regulation (EU) 1308/2013.
Amendment 136 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 b (new)
Article 2 – paragraph 1 – point 9 b (new)
(9b) ‘means of payment’ means the instrument used to settle the invoice, which will not entail a cost to the creditor as set out in Article 3(2).
Amendment 136 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 b (new)
Article 2 – paragraph 1 – point 9 b (new)
(9b) ‘means of payment’ means the instrument used to settle the invoice, which will not entail a cost to the creditor as set out in Article 3(2).
Amendment 140 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, 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. The same payment periodmicro, small and medium-sized undertakings, in the meaning of Article 3(1), (2) and (3) of Directive (EU) 2013/34, and between public authorities and undertakings. If the debtor is a large undertaking in the meaning of Article 3(4) of Directive (EU) 2016/34, a public authority or public legal entity and the creditor a micro, small or medium-sized undertaking, the payment period shall not exceed 30 calendar days. The payment period of 60 days 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 140 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, 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. The same payment periodmicro, small and medium-sized undertakings, in the meaning of Article 3(1), (2) and (3) of Directive (EU) 2013/34, and between public authorities and undertakings. If the debtor is a large undertaking in the meaning of Article 3(4) of Directive (EU) 2016/34, a public authority or public legal entity and the creditor a micro, small or medium-sized undertaking, the payment period shall not exceed 30 calendar days. The payment period of 60 days 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 185 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. By way of derogation from paragraph 1, longer payment periods may be agreed between the parties, provided that such extension is not grossly unfair to the creditor or provided that the period is objectively justified by the specific nature of the economic activity.
Amendment 185 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. By way of derogation from paragraph 1, longer payment periods may be agreed between the parties, provided that such extension is not grossly unfair to the creditor or provided that the period is objectively justified by the specific nature of the economic activity.
Amendment 198 #
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. No means of payment for goods or services shall be used to unduly change the payment period.
Amendment 198 #
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. No means of payment for goods or services shall be used to unduly change the payment period.
Amendment 211 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. For public works contracts falling within the scope of Directives 2014/23/EU, 2014/24/EU, 2014/25/EU, and 2009/81/EC56 of the European Parliament and of the Council, contractors shall provide evidence to contracting authorities or contracting entities within the meaning of those Directives that, where applicable, they have paid their direct subcontractors involved in the execution of the contract within the deadlines and under the conditions set out in this Regulation. The evidence may take the form of a written declaration by the contractor and shall be provided by the contractor to the contracting authority or contracting entity prior to, or at the latest together with, any request for payment. Member States may provide for public authorities making direct payments to direct subcontractors in public procurement processes. __________________ 56 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC.
Amendment 211 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. For public works contracts falling within the scope of Directives 2014/23/EU, 2014/24/EU, 2014/25/EU, and 2009/81/EC56 of the European Parliament and of the Council, contractors shall provide evidence to contracting authorities or contracting entities within the meaning of those Directives that, where applicable, they have paid their direct subcontractors involved in the execution of the contract within the deadlines and under the conditions set out in this Regulation. The evidence may take the form of a written declaration by the contractor and shall be provided by the contractor to the contracting authority or contracting entity prior to, or at the latest together with, any request for payment. Member States may provide for public authorities making direct payments to direct subcontractors in public procurement processes. __________________ 56 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC.
Amendment 216 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States may make it possible for an undertaking that is a creditor in the meaning of Article 2(9) of this Regulation to be able to request that a contracting authority that has not paid the amount owed within the period established in Article 3 of this Regulation offset the amount owed to the undertaking by reducing what the undertaking owes the public authorities for other reasons by an equivalent amount.
Amendment 216 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States may make it possible for an undertaking that is a creditor in the meaning of Article 2(9) of this Regulation to be able to request that a contracting authority that has not paid the amount owed within the period established in Article 3 of this Regulation offset the amount owed to the undertaking by reducing what the undertaking owes the public authorities for other reasons by an equivalent amount.
Amendment 224 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. In case of late payment, the debtor shall be liable to pay interest for late payment, except where the debtor is not responsible for the payment delay for reasons of force majeure.
Amendment 235 #
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 239 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 250 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. The interest for late payment shall accrue until payment of the amount due. The interest for late payment shall accrue in the event of late payment in business- to-business transactions and in transactions between businesses and public authorities or legal entities governed by public law.
Amendment 310 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Every Member State shall ensure that each designated national authority has the appropriate human, financial and material resources to effectively perform its duties.
Amendment 402 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. It shall apply from ... [OP: Please insert the date = 1236 months from the date of entry into force of this Regulation].