Activities of Antonius MANDERS 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 (42)
Amendment 34 #
Proposal for a regulation
Recital 8
Recital 8
(8) Provisions should be laid down to prevent late payments in commercial transactions, consisting in the delivery of goods or supply of services for remuneration, irrespective of whether they are carried out between undertakings or between undertakings and contracting authorities/entities, where the latter are the debtor, given these contracting authorities/entities handle a considerable volume of payments to undertakings. Transactions between large undertakings should be excluded from these provisions.
Amendment 46 #
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 large undertaking is the debtor, and G2B transactions, where the public authority is the debtor.
Amendment 49 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Contractual payment periods could be extended up to 60 calendar days in B2B transactions, where the large undertaking is not the debtor and when this is expressly agreed by the creditor and the debtor in the contract, it is not grossly unfair to the creditor and the enforcement authority is notified.
Amendment 59 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 66 #
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 where the public authority or a large undertaking is the debtor, or when it is grossly unfair to the creditor, 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 evidently not due to the debtor’s fault.
Amendment 69 #
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 invoiceassigning credit to a third party is not in conformity with this Regulation, it should be null and void.
Amendment 73 #
Proposal for a regulation
Recital 23
Recital 23
(23) To guarantee full payment of the amount due, it is important to ensure that the seller retains the title to goods until they are fully paid for, if a retention of title, such as consignment, has been expressly agreed between the buyer and the seller before the delivery of the goods.
Amendment 80 #
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 or notifications, 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 possible.
Amendment 86 #
Proposal for a regulation
Recital 29
Recital 29
(29) Effective access of undertakings, especially of SMEs, to credit management, including financing services, 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 and financial literacy trainings are available and accessible to SMEs, including on the use of digital tools for timely payments and financing services.
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Regulation shall not apply to transactions between large undertakings.
Amendment 116 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) ‘large undertaking’ means an undertaking as defined in Article 3(4) of Directive 2013/34/EU;
Amendment 118 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1b) ‘small and medium-sized enterprise’ or ‘SME’ means a micro, small or a medium-sized enterprise, irrespective of its legal form, that is not part of a large group, as those terms are defined in Article 3(1), (2), (3) and (7) of Directive 2013/34/EU;
Amendment 129 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘creditor‘ means any natural or legal person or any public authority that delivered goods to a debtor or provided services to a debtor.
Amendment 161 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. By way of derogation from paragraph 1, in commercial transactions, the payment period may be extended up to 60 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 only apply where: (a) this is expressly agreed by the creditor and the debtor in the contract; (b) it is not grossly unfair to the creditor; (c) the enforcement authority is notified. This derogation shall not apply to the transactions between public authorities and undertakings and between large undertakings and SMEs, where the large undertaking is the debtor.
Amendment 208 #
Proposal for a regulation
Article 4
Article 4
Amendment 228 #
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 evidently not responsible for the payment delay.
Amendment 231 #
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 satisfiedmet:
Amendment 240 #
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 in the following cases: (a) the public authority is the debtor; (b) a large undertaking is the debtor; (c) it is grossly unfair to the creditor.
Amendment 245 #
Proposal for a regulation
Article 5 – paragraph 6 – introductory part
Article 5 – paragraph 6 – introductory part
6. Where the conditions set out in paragraph 2 are satisfiedmet, interest for late payment shall start accruing from the last one of the following events:
Amendment 253 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The currency of the Member State in which the creditor is established shall be the currency to calculate the interest for late payment, unless otherwise set out in the contract.
Amendment 255 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Where payment is done on the basis of schedules providing for instalments, and any of the instalments is not paid by the agreed date, interest for late payment referred to in Article 5, shall be calculated on the basis of anythe overdue amount. Compensation shall also be paid in accordance with Article 8.
Amendment 260 #
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.
Amendment 262 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. It shall not be possible for the creditor to waive its right to obtain the flat fee compensation laid down in paragraph 1the following cases: (a) the public authority is the debtor; (b) a large undertaking is the debtor; (c) it is grossly unfair to the creditor.
Amendment 272 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 276 #
Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) excluding or limiting the right of the creditor to assign credit to a third party.
Amendment 299 #
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 930 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.
Amendment 322 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Enforcement authorities shall provide for a free, accessible and time efficient notification procedure as required in Article 3(1a).
Amendment 336 #
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. This Article shall be without prejudice to the provisions of Regulation (EC) 805/2004, (EC) 1896/2006, (EC) 861/2007 and (EU) 1215/2012. Member States shall ensure that the total cost of judicial claims related to late payment is in proportion to the claims and reasonable.
Amendment 345 #
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) the power to initiate and conduct investigations on their own initiative or based on a complaint, based on a complaint, or based on a notification as required in Article 3(1a);
Amendment 353 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall, [by …/without delay], notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 362 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where the complainant so requests, tThe 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.
Amendment 365 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. The enforcement authority shall provide the option to the complainant to address complaints anonymously.
Amendment 367 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The enforcement authority that receives the complaint shall inform the complainant within a reasonable period of time30 days after the receipt of the complaint of how it intends to follow up on the complaint.
Amendment 369 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. Where an enforcement authority considers that there are insufficient grounds for acting on a complaint, it shall inform the complainant of the reasons of its decision within a reasonable period of time90 days after the receipt of the complaint.
Amendment 371 #
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
6. Where an enforcement authority considers that there are sufficient grounds for acting on a complaint, it shall initiate, conduct and conclude an investigation of the complaint within a reasonable period of time90 days.
Amendment 373 #
Proposal for a regulation
Article 15 – paragraph 7 a (new)
Article 15 – paragraph 7 a (new)
7a. The Commission shall make available a standard EU complaint form, which the enforcement authority of the Member State shall provide to the complainant.
Amendment 380 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. To the extent possible, Member States shall use digital tools for effective enforcement of this Regulation.
Amendment 383 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that credit management tools, including financing services, 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 390 #
Proposal for a regulation
Article 18 – title
Article 18 – title
Report and evaluation
Amendment 393 #
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 implementation of this Regulation to the European Parliament and the Council.
Amendment 396 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
2. By [OP – please insert the date – 4 years after the date of application of this Regulation], the Commission shall submit an evaluation of the impact of this Regulation and shall submit a report to the European Parliament and to the Council. The evaluation shall assess at least: (a) the impact of the measures implemented, in particular regarding the payment periods as laid down in Article 3; (b) the effectiveness of the enforcement authorities as laid down in Articles 14, 15 and 16; (c) the impact of the scope as laid down in Article 1; (d) the possibilities to bring the total costs of judicial claims related to late payment in proportion to the claims as laid down in Article 13(5a); (e) the effectiveness and possibilities to make electronic invoicing mandatory. Member States shall provide the Commission with the necessary information for the preparation of that report, including information regarding the investigations, inspections, decisions, proceedings and publications of the enforcement authorities referred to in Article 14(1). The report shall include an evaluation of the impact of the EU Observatory of Payments in Commercial Transactions (EU Payment Observatory). The report shall be accompanied by a legislative proposal, if necessary and appropriate.
Amendment 401 #
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].