17 Amendments of Lara COMI related to 2023/0323(COD)
Amendment 31 #
Proposal for a regulation
Recital 4
Recital 4
(4) Although jJudicial claims related to late payment are already facilitated by Regulations (EC) No 805/200436 , (EC) No 1896/200637 , (EC) No 861/200738 and (EU) No 1215/201239 of the European Parliament and of the Council, in order to discourage late payment in commercial transactions it is necessary to lay down complementary provisions. The procedures introduced there are used differently in the Member States. The European order for payment procedure in particular is not used in the same way in all Member States, with the duration of the procedure varying greatly39a. However, greater use of these instruments would allow companies to obtain their compensation more quickly. The European procedures referred above are not sufficiently well known among businesses, citizens, professionals and courts. For this reason, it is necessary to make the procedures more effective and better known. By shortening the respective deadlines and introducing electronic processing, the procedures will become more attractive. The Member States are also required to ensure compliance with the maximum duration of the procedure. __________________ 36 Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims (OJ L 143, 30.04.2004, p. 15) 37 Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (OJ L 399, 30.12.2006, p. 1). 38 Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (OJ L 199, 31.7.2007, p. 1). 39 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1). 39a Report from the Commission on the application of Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure
Amendment 33 #
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. As the contracting authorities/awarding bodies process a considerable volume of payments to undertakings and since a significant amount of late payments has been experienced over the last years, it is necessary to set a mandatory payment period of 30 calendar days for these transactions. A longer payment period is often required between undertakings. Therefore, in B2B transactions, the payment period may not exceed 60 calendar days after receipt of the invoice. Due to the special features of the financing model in some sectors, it is nevertheless necessary to agree even longer payment periods. This applies in particular to seasonal goods and slow motion products. Taking into account the circumstances of an individual case, it should therefore be possible to agree longer payment periods in individual contracts. Such an agreement must be made expressly and may not be imposed unilaterally as general terms and conditions. Furthermore, the agreement must not be grossly unfair with regard to the interests of the creditor. It is already assumed that there is no gross inequity if the debtor is a small or medium-sized enterprise. Gross unfairness exists if the deviation from the standard period of 60 days occurs without an objective reason and violume of payments to undertakingates the principles of good faith and honesty. This is presumed to be the case if a payment period of more than 120 days has been agreed upon. The presumption can be rebutted in individual cases.
Amendment 95 #
Proposal for a regulation
Recital 32
Recital 32
(32) To provide sufficient time for all relevant actors to put in place the arrangements needed to comply with this Regulation, its application should be deferred. HowevIn order, to ensure better protectlegal certainty, the provisions of the creditors, commercial transactions that are to be paid after the date of entry into force of this Regulation, shall be subject to its provisions, even if the relevant contract was signed before its date of applicationis Regulation apply to transactions signed after its entry into force. In the case of long-term obligations, the provisions of this Regulation already apply to transactions concluded before the entry into force of this Regulation for the part of the remuneration to be paid after its entry into force. The relevant date is the date of receipt of the invoice.
Amendment 119 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘public authority’ means any contracting authority, as defined in Article 6(1) of Directive 2014/23/EU, Article 2(1), point (1), of Directive 2014/24/EU or in Article 3(1) of Directive 2014/25/EU, regardless of the subject or value of the contract;
Amendment 157 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Between public authorities and undertakings the payment period shall not exceed 30 calendar days. In commercial transactions, the payment period shall not exceed 360 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. 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 productsAn agreement between undertakings whereby the payment period is fixed at more than 60 calendar days after receipt of the invoice is only valid, if it has been expressly agreed and is not grossly unfair with regard to the interests of the creditor. Fairness is presumed if the debtor is a small or medium-sized enterprise.
Amendment 179 #
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 accordance with paragraph 2, the maximum duration of that procedure shall not exceed 360 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 360 calendar days after such procedure has taken place. An agreement between undertakings whereby the payment period is fixed at more than 60 calendar days after receipt of the invoice is only valid, if it has been expressly agreed and is not grossly unreasonable with regard to the interests of the creditor. Fairness is presumed if the debtor is a small or medium-sized enterprise.
Amendment 199 #
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. The provisions on refusal of payment in the event of non-conforming goods or services shall remain unaffected.
Amendment 271 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 281 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that adequate and effective means exist to end the contractual terms and practices referred to in paragraph 1practices like intentionally delaying or preventing the moment of sending the invoice.
Amendment 298 #
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 301 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. This Article shall be without prejudice to the provisions of Regulation (EC) 1896/2006 and Regulation (EC) No 861/2007.
Amendment 302 #
Proposal for a regulation
Article 13
Article 13
Amendment 340 #
Proposal for a regulation
Article 14
Article 14
Amendment 358 #
Proposal for a regulation
Article 15
Article 15
Amendment 375 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. The Commission and the Member States shall consider mandatory forms of adequate compensation, such as offsetting, and other supporting measures, such as, for example, guarantee funds for SMEs and factoring for companies owed money by a public authority, so that they are not forced to go bankrupt because of it. Member States shall put in place faster and more efficient procedures for the refund of VAT and the recovery of amounts due, especially for SMEs.
Amendment 376 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. In the case of late payment by public authorities, the central government may issue a warning to a local authority if the latter has not paid its suppliers on time and, should late payment persist, may pay the suppliers directly for the goods or services provided, suspending payment allocations to the non-compliant local authority’s budget. Such a system, combining reliable monitoring of the public bodies' payment performances with an effective escalation plan, widely communicated when activated, seems to have produced results which deserve further analysis and shall be passed on to Member States as an example of good practice.
Amendment 404 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Commercial transactions carried out afterntracts concluded after the date of application of this Regulation shall be subject to the provisions of this Regulation. Long-term contracts concluded before the date of application of this Regulation shall be subject to the provisions of the presentis Regulation, including when the underlying contract has been concluded before that dat for the part of the remuneration to be paid after its entry into force for transactions concluded before the entry into force of this Regulation for the part of the remuneration invoiced after its entry into force.