15 Amendments of Adam BIELAN related to 2023/0323(COD)
Amendment 101 #
Proposal for a regulation
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(b) payments made as compensation for damages, including payments from insurance companies, excluding compensation for recovery costs under Article 8;
Amendment 103 #
Proposal for a regulation
Article 1 – paragraph 3 – point c
Article 1 – paragraph 3 – point c
(c) payments resulting from obligations towards private debtors that can be cancelled, postponed, or waived under or in relation to insolvency proceedings or restructuring proceedings, including preventive restructuring proceedings under Directive (EU) 2019/102355 of the European Parliament and of the Council. __________________ 55 Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (OJ L 172, 26.6.2019, p. 18).
Amendment 173 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. A procedure of acceptance or verification may be exceptionally provided for undertakings different from public authorities in national law only where strictly necessary due to the specific nature of the goods or services. In that case, the contractinvoice shall describe the details of the procedure of acceptance or verification, including its duration.
Amendment 219 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. This Article shall apply without prejudice to the creditor’s rights, which may be provided for in national law.
Amendment 227 #
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 notproves not to be responsible for the payment delay.
Amendment 248 #
Proposal for a regulation
Article 5 – paragraph 6 – point a
Article 5 – paragraph 6 – point a
(a) receipt by the debtor of the invoice or an equivalent request for paymentthe due date of payment agreed upon by the parties;
Amendment 251 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. The interest for late payment shall accrue until receipt of payment ofby the amount duecreditor.
Amendment 258 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where interest for late payment becomes payable in accordance with Article 5, a flat fee compensation for recovery costs shall be automatically due by the debtor to the creditor and shall amount to a fixed sum of EUR 50, per every single commercial transactioninvoice.
Amendment 259 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The flat fee compensation referred to in paragraph 1 shall be payable by the debtor to the creditor as a compensation for the creditor’s own recovery costs, without the necessity of a reminder. The flat fee should be increased annually in accordance with the Union inflation rate and the amount shall be communicated pursuant to Article 11.
Amendment 274 #
Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) prohibiting or limiting the assignment of receivables to a relevant financial institution.
Amendment 297 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Creditors shall obtain an enforceable title, including through an expedited procedure and irrespective of the amount of debt, within 90 calendar days of the lodging of the action or application at the court or other competent authority, provided that the debt and the procedure are not disputed. In such cases, each Member State shall provide the right of the creditor to obtain such an enforcement title with a simple written declaration, requiring the debtor to prove that payment has been made. In those Member States that have already implemented an electronic invoicing system, the debtor's acknowledgment of the invoice should be accepted as credible evidence of the credit's existence and the claim. This procedure for recovery should be automatically applicable to interest on late payments and the flat-rate compensation for invoices that have been settled.
Amendment 300 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Each Member State shall remove any provisions that prevent creditors from receiving adequate judicial protection, including appeals.
Amendment 374 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Without prejudice to the right of creditors to submit complaints under Article 15, and to the obligations and powers of enforcement authorities laid down in Articles 13, 14, and 15, Member States shall promote the voluntary use of effective and independent alternative dispute resolution mechanisms for the settlement of disputes between debtors and creditors. Notwithstanding the provisions of Articles 5(3), 8(3), and 9(1) point (b) of this Regulation, parties, including public entities, may engage in negotiations to reach an amicable settlement regarding disputed debts. Such settlements may involve the adjustment of interest and compensation claims, provided they are in compliance with the principles of fairness and do not unduly disadvantage the creditor.
Amendment 386 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. The Commission shall provide guidelines on the implementation of the requirements set out in Article 17, including potential funding and support mechanisms to assist Member States, especially those with lower levels of digitalisation.
Amendment 400 #
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].