12 Amendments of Morten LØKKEGAARD related to 2023/0323(COD)
Amendment 45 #
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, when the debtor is a large undertaking in the meaning of Article 3(4) of Directive 2013/34/EU and G2B transactions, where the public authority is the debtor.
Amendment 56 #
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 124 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘procedure of acceptance or verification’ means the procedure for ascertaining the conformity of the goods delivered or services provided, with the requirements of the contract as well as the verification of the correctness and conformity of the invoice;
Amendment 142 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, the payment period shall not exceed 30 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. Undertakings may mutually agree on a longer payment period, except in cases when the debtor is a large undertaking within the meaning of Article 3(4) of Directive 2013/34/EU or a contracting authority and the creditor is a micro, small or medium-sized enterprise (SMEs) within the meaning of the Commission Recommendation 2003/361/EC. The same payment period 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 148 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, the payment period fixed in the contract shall not exceed 30 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. A longer period may only be agreed expressly and provided it is not grossly unfair to the creditor. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period 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 182 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Where the contract provides for a procedure of acceptance or verification, in accordanby which the conformity of the goods or services with paragraph 2the contract is to be ascertained, the maximum duration of that procedure shall not exceed 30 calendar days from the date of receipt of the goods or services by the debtor, even if such goods or services are supplied prior to the issuance of the invoice or an equivalent request for payment. In this case, the debtor shall initiate the procedure for acceptance or verification immediately upon reception from the creditor of the goods and/or the services that are the object of the commercial transaction. The payment period shall not exceed 30 calendar daysA longer period may only be agreed expressly and provided it is not grossly unfair to the creditor. The payment period shall begin to run after such procedure has taken place.
Amendment 192 #
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. By way of derogation from paragraph 1, national law, by industry agreement, may provide longer payment periods in specific economic sectors as long as such longer period is justified by objective economic reasons, specific to those sectors such as features of the economic activity in the case of seasonal sales or low turnover of stocks of goods.
Amendment 201 #
Proposal for a regulation
Article 3 – paragraph 4 b (new)
Article 3 – paragraph 4 b (new)
4b. The payment period set out in paragraph 1 is also without prejudice to national rules on grouping invoices received by the debtor from the same creditor during a limited period of time.
Amendment 241 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. ItA debtor shall not be possible forrequest the creditor to waive its right to obtain interest for late payment as a precondition for making payments.
Amendment 263 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. ItA debtor shall not be possible forrequest the creditor to waive its right to obtain the flat fee compensation laid down in paragraph 1 as a precondition for making payments.
Amendment 308 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Each Member State shall designate one or more authorities responsible for thensure adequate and effective enforcement of this Regulation (‘enforcement authority’).
Amendment 309 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Member States shall lay down rules setting out the measures applicable to infringements of this Regulation and shall ensure that they are implemented. The measures provided for shall be effective, proportionate and dissuasive.