BETA

Activities of Heide RÜHLE related to 2013/0213(COD)

Shadow reports (1)

REPORT on the proposal for a Directive of the European Parliament and of the Council on electronic invoicing in public procurement PDF (282 KB) DOC (409 KB)
2016/11/22
Committee: IMCO
Dossiers: 2013/0213(COD)
Documents: PDF(282 KB) DOC(409 KB)

Amendments (21)

Amendment 34 #
Proposal for a directive
Recital 5 a (new)
(5a) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Rates2a. ____________ 2a Regulation (EU) N. 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
2013/11/15
Committee: IMCO
Amendment 37 #
Proposal for a directive
Recital 6 a (new)
(6a) In order to keep abreast of technological progress and developments in legislation, the Commission should be empowered to adopt, in accordance with Article 290 of the Treaty on the Functioning of the European Union, legal acts concerning the adjustment of the requirements for the European standard listed in this Directive for the semantic data model for the core components of the electronic invoice. It is particularly important that the Commission carry out appropriate consultations as part of its preparatory work, including at experts level. When preparing and drawing up delegated acts, the Commission should ensure that the relevant documents are sent to the European Parliament and the Council simultaneously, in good time and in an appropriate manner.
2013/11/15
Committee: IMCO
Amendment 39 #
Proposal for a directive
Recital 7 a (new)
(7a) Following the adoption of the new European standard by the Commission in accordance with the European standardisation procedure, the Commission should test the standard in practice. In this test phase the Commission should describe and check the application of the standard as it exists for use by an end user. The Commission should pay particular attention to user- friendliness and practicality, and calculate potential implementing costs.
2013/11/15
Committee: IMCO
Amendment 40 #
Proposal for a directive
Recital 7 b (new)
(7b) In order to ensure that small and medium-sized enterprises can also benefit from electronic invoicing in public procurement, the European standard should be easy to understand, user- friendly and easy to use.
2013/11/15
Committee: IMCO
Amendment 41 #
Proposal for a directive
Recital 7 c (new)
(7c) In the context of implementation, Member States should take into account the needs of small and medium-sized enterprises and small contracting entities and offer both contracting authorities and contracting entities and suppliers the necessary support so that the new European standard can be used. Moreover, training measures should be provided, in particular for small and medium-sized enterprises.
2013/11/15
Committee: IMCO
Amendment 47 #
Proposal for a directive
Recital 12 a (new)
(12a) In the context of implementation, Member States should bear in mind that electronic invoices received in accordance with the European standard are also accepted in internal administrative processing by other bodies (for example, grant applications).
2013/11/15
Committee: IMCO
Amendment 48 #
Proposal for a directive
Recital 16 a (new)
(16a) The Directive should require only recipients, i.e. contracting authorities, central purchasing bodies and contracting entities, to accept and process electronic invoices. In contrast, the invoicing entity should be able to choose between submitting the invoice in accordance with the European standard, in accordance with national or other technical standards or in paper format.
2013/11/15
Committee: IMCO
Amendment 49 #
Proposal for a directive
Recital 18
(18) In order to allow contracting authorities and contracting entities to take the technical measures that, following the establishment of the European standard, are necessary to comply with the provisions of this Directive, a transposition deadline of 418 months is justifiedafter publication of the European standard in the Official Journal of the European Union is justified. Central government authorities and central purchasing bodies should apply the provisions of this Directive transposed by Member States within 18 months of the entry into force of this Directive. Sub- central contracting authorities and contracting entities should apply these provisions within 36 months after the entry into force of this Directive.
2013/11/15
Committee: IMCO
Amendment 51 #
Proposal for a directive
Recital 18 b (new)
(18b) A standardisation of electronic invoicing is in line with the expansion of European Union law and national and international law for electronic procurement in the Union.
2013/11/15
Committee: IMCO
Amendment 52 #
Proposal for a directive
Recital 19 b (new)
(19b) The intended use of Structural Fund resources to support the establishment of e-procurement in Europe should also promote the use of electronic invoicing for public contracts.
2013/11/15
Committee: IMCO
Amendment 59 #
Proposal for a directive
Article 2 – point 4 c (new)
(4c) 'central purchasing bodies' means central purchasing bodies as defined in Article 2(10) of the Directive [replacing Directive 2004/18/EC];
2013/11/15
Committee: IMCO
Amendment 64 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
1a. Once the competent European standardisation organisation has completed the process of drawing up the European standard for the semantic data model for the key components of an electronic invoice and the Commission has checked that the standard is consistent with the request, the Commission shall test the practical application of the standard, as it exists for use by an end user [especially with regard to the criteria of practicality, user- friendliness and possible implementation costs], within the following six months. Within one month of completion of the testing procedure, the Commission shall submit a report on the outcome to the European Parliament and the Council. within the following six months.
2013/11/15
Committee: IMCO
Amendment 65 #
Proposal for a directive
Article 3 – paragraph 1 a (new) – subparagraph 2 (new)
The Commission may dispense with the test procedure if it, or the competent standardisation organisation has already checked, during the process of drawing up the standard, as referred to in this article, that the practical application of the standard meets the relevant requirements.
2013/11/15
Committee: IMCO
Amendment 67 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
2a. If the Commission establishes by means of an implementing act that the European standard drawn up in response to its request, as referred to in paragraph 1, meets the requirements set out in the Annex to this Directive it shall publish the references of the standard in the Official Journal of the European Union. The implementing acts referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 5a(3).
2013/11/15
Committee: IMCO
Amendment 68 #
Proposal for a directive
Article 3 – paragraph 2 b (new)
2b. The European standard for the semantic data model for the key components of an electronic invoice shall meet the stipulations of Council Directive 2006/112/EC.
2013/11/15
Committee: IMCO
Amendment 70 #
Proposal for a directive
Article 3 a (new)
Article 3a Maintenance and further development of the European standard The Commission may request the relevant European standardisation organisation to revise the European standard for the semantic data model for the key components of an electronic invoice. It shall make such a request in accordance with the procedure referred to in Article 3(1).
2013/11/15
Committee: IMCO
Amendment 71 #
Proposal for a directive
Article 3 b (new)
Article 3b Delegated acts The Commission shall be empowered to adopt delegated acts in accordance with Article 5b in relation to changes in the requirements set out in Articles 3(2b) and 3a(1), and in the Annex to this Directive, for the European standard for the semantic data model for the key components of an electronic invoice.
2013/11/15
Committee: IMCO
Amendment 74 #
Proposal for a directive
Article 4 a (new)
Article 4a Formal objections to the European standard (1) If a Member State or the European Parliament considers that the European standard does not fully meet the requirements set out in Articles 3(2b) and 3a(1) and in the Annex to this Directive, it shall be incumbent on it to advise the Commission of its objections, submitting a detailed explanation thereof, and the Commission, after consultation with the committee referred to in Article 5a (new) or other consultation with experts in the relevant sector, shall decide: (a) to publish, not to publish, or to publish with restriction, the references of the European standard concerned in the Official Journal of the European Union, or (b) to maintain, to maintain with restriction, or to withdraw, the references of the European standard concerned in, or from, the Official Journal of the European Union. (2) The Commission shall publish information on its website on the European standard once it has been subject to the decision referred to in paragraph 1. (3) The Commission shall inform the European standardisation organisation concerned of the decision referred to in paragraph 1 and, if necessary, request the revision of the European standard concerned. (4) The decision referred to in paragraph 1(a) of this Article shall be adopted in accordance with the advisory procedure referred to in Article 5a(2). (5) The decision referred to in paragraph 1(b) of this Article shall be adopted in accordance with the examination procedure referred to in Article 5a(3).
2013/11/15
Committee: IMCO
Amendment 77 #
Proposal for a directive
Article 5 a (new)
Article 5a Implementing provisions (1) The Commission shall be assisted by the committee established under Regulation (EU) No 1025/2012 of the European Parliament and of the Council11a. (2) Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 of the European Parliament and of the Council shall apply11b. (3) Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. ____________ 11a Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12). 11b Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
2013/11/15
Committee: IMCO
Amendment 79 #
Proposal for a directive
Article 5 b (new)
Article 5b Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The delegation of power referred to in Article 3b shall be conferred on the Commission for an indeterminate period of time from [the date of the entry into force of this Directive]. 3. The delegation of power referred to in Article 3b may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. The decision shall take effect the day following its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 3b shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
2013/11/15
Committee: IMCO
Amendment 80 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 418 months following the entry into forcerom the date of publication of the references of the European standard in the Official Journal of the European Union at the latest. TheyMember States shall forthwith communicate to the Commission the text of those provisionshe text of these provisions to the Commission. Member States shall apply these laws, regulations and administrative provisions to central government authorities and central procurement entities from the first day of the 19th month following publication of the references of the European standard in the Official Journal of the European Union. Member States shall apply these laws, regulations and administrative provisions to sub- central public contracting authorities and contracting entities from the first day of the 37th month following publication of the references of the European standard in the Official Journal of the European Union.
2013/11/15
Committee: IMCO