Activities of Malcolm HARBOUR 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)
Amendments (26)
Amendment 34 #
Proposal for a directive
Recital 5 a (new)
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).
Amendment 36 #
Proposal for a directive
Recital 6
Recital 6
(6) The Commission should apply the relevant provisions of Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation3 to request the relevant European standardisation organisation to draft a European standard for the semantic data model of the core electronic invoice. In its request to the relevant European standardisation organisation, the Commission should require that such European standard is technologically neutral, in order to avoid any distortion of competition. Since electronic invoices may contain personal data, the Commission should also require that such European standard guaranteeshas regard to personal data protection in accordance with Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data4. In addition to these minimum requirements, the Commission should determine, in its request to the relevant European standardisation organisation, further requirements as to the content of such European standard and a deadline for its adoption. __________________ 3 OJ L 316, 14.11.2012, p. 12. 4 OJ L 281, 23.11.1995, p. 31.
Amendment 37 #
Proposal for a directive
Recital 6 a (new)
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.
Amendment 38 #
Proposal for a directive
Recital 7
Recital 7
(7) The European standard for the semantic data model of the core electronic invoice should build on existing specifications, including in particular those developed by European or international organisations such as CEN (CWA 16356 and CWA 16562), ISO (Financial Invoice based on the ISO 20022 methodology), and UN/CEFACT (CII v. 2.0). It should not require electronic signatures. In carrying out the mandate, the relevant European standardisation organisation should also take into account the results of Large- Scale Pilot Projects implemented within the framework of the Policy Support Programme of the Competitiveness and Innovation Framework Programme (CIP) and e-invoicing specifications of any other relevant bodies and organisations that are widely used by the business community. Such European standard should define semantic data elements referring to, in particular, complementary seller and buyer data, process identifiers, invoice attributes, invoice item details, delivery information, payment details and terms. It should also be compatible with the existing standards for payments in order to allow for automatic processing of payments.
Amendment 39 #
Proposal for a directive
Recital 7 a (new)
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.
Amendment 42 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) European standardisation organisations regularly review and update the European standard as necessary in order to respond to technological developments. In light of the rapid nature of such developments in the ICT sector, the Commission may request the relevant European standardisation organisation to regularly review and update the standard to into account these developments and ensure continuing interoperability.
Amendment 43 #
Proposal for a directive
Recital 9
Recital 9
(9) Contracting authorities and contracting entities should not refuse the reception of electronic invoices which comply with such common European standard on the grounds of non-compliance with other technical requirements (for example national or sector specific requirements). However contracting authorities and contracting entities should remain free to verify, before paying the invoice, whether the content of the electronic invoice correctly reflects all the details of the business transaction. The obligation to not refuse electronic invoices in accordance with this Directive is without prejudice to Article 4 of Directive 2011/7/EU of the European Parliament and of the Council on combating late payment in commercial transactions.
Amendment 45 #
Proposal for a directive
Recital 10
Recital 10
(10) This Directive should apply to electronic invoices received by contracting authorities and contracting entities and issued and transmitted as a result of the performance of contracts awarded in accordance with Directive [replacing Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts5 ], Directive [replacing Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors6 ], or 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/EC7 . __________________ 5 6 7. However contracting authorities and contracting entities should not be required to receive electronic invoices in accordance with this Directive where they consider it necessary in the interests of security to use invoice formats or impose other invoicing requirements incompatible with this Directive. Moreover it would also be appropriate to exclude contracts awarded under Article 16 of Directive 2009/81/EC, as these are subject only to specific requirements governing technical specifications and contract award notices. __________________ 5 OJ L 134, 30.4.2004, p. 114. OJ L 134, 30.4.2004, p. 114. 6 OJ L 134, 30.4.2004, p. 1. OJ L 134, 30.4.2004, p. 1. 7 OJ L 216, 20.8.2009, p. 76. OJ L 216, 20.8.2009, p. 76.
Amendment 46 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) This Directive does not affect the application of Article 346 of the Treaty on the Functioning of the European Union. Moreover, where the performance of the contract is declared to be secret or must be accompanied by special security measures in accordance with the laws, regulations or administrative provisions in force in a Member State and provided that the Member State has determined that the essential interests concerned cannot be guaranteed by less intrusive measures, contracting authorities and contracting entities may decide to impose for a particular contract special invoicing requirements other than those provided in this Directive. In such cases, contracting authorities and contracting entities should set out these requirements in the procurement documents.
Amendment 49 #
Proposal for a directive
Recital 18
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.
Amendment 51 #
Proposal for a directive
Recital 18 b (new)
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.
Amendment 52 #
Proposal for a directive
Recital 19 b (new)
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.
Amendment 55 #
Proposal for a directive
Article 1
Article 1
This Directive shall apply to electronic invoices issued as a result of the performance of contracts awarded in accordance witto which Directive [replacing Directive 2004/18/EC], Directive [replacing Directive 2004/17/EC], or Directive 2009/81/EC apply. Article 4 of this Directive shall not apply where the contracting authority or contracting entity considers it necessary in the interests of security to use invoice formats or impose other invoicing requirements incompatible with this Directive or to Article 16 of Directive 2009/81/EC.
Amendment 56 #
Proposal for a directive
Article 2 – point 1
Article 2 – point 1
(1) ‘'electronic invoice’' means an invoice that has been issued, transmitted and received in any electronic format which allows for its electronic processing;
Amendment 62 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
The Commission shall require that the European standard for the semantic data model of the core electronic invoice be technologically neutral, and guarantee personal data protection in accordance with Directive 95/46/EC.should at least comply with the following criteria: - be technologically neutral; - be interoperable; - have regard to the need for personal data protection in accordance with Directive 95/46/EC, to a 'privacy by design' approach and to the principles of proportionality, data minimisation and purpose limitation;
Amendment 64 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Amendment 65 #
Proposal for a directive
Article 3 – paragraph 1 a (new) – subparagraph 2 (new)
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.
Amendment 67 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
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).
Amendment 68 #
Proposal for a directive
Article 3 – paragraph 2 b (new)
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.
Amendment 71 #
Proposal for a directive
Article 3 b (new)
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.
Amendment 72 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall ensure that contracting authorities and contracting entities do not refuse to receive electronic invoices which comply with the European standard whose reference has been published pursuant to Article 3(2)are able to receive and to process, and do not otherwise refuse, electronic invoices which comply with the European standard for the semantic data model for the core section of an electronic invoices whose reference has been published pursuant to Article 3(2) and which comply with any of the syntaxes in the list published in pursuant to Article 3.
Amendment 74 #
Proposal for a directive
Article 4 a (new)
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).
Amendment 77 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Amendment 79 #
Proposal for a directive
Article 5 b (new)
Article 5 b (new)
Amendment 80 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
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.
Amendment 86 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
The Commission shall review the effects of this Directive on the internal market and on the uptake of electronic invoicing in public procurement and report thereon to the European Parliament and the Council by 30 June 2023. Where appropriate, the report shall be accompanied by a legislative proposal. cost- benefit analysis relating to the need of a further action.