20 Amendments of Carlo FIDANZA related to 2023/0323(COD)
Amendment 61 #
Proposal for a regulation
Recital 14
Recital 14
(14) Public procurement can play a significant role in improving payment performance. Enhanced synergies should therefore be put in place between public procurement policies and rules and prompt payment objectives. Particularly, introducing effective measures to discourage not only late payment by public authorities but also the awarding of contracts to undertakings that do not pay on time or as provided for in this Regulation. What is more, in public construction works, subcontractors are often not paid on time by the main contractor, even when the contracting authorities or contracting entities have made the contractual payments to them, thus potentially creating a damaging domino-effect in the supply chain. It is therefore appropriate that contractors provide evidence to contracting authorities and contracting entities of payments to their direct subcontractors.
Amendment 61 #
Proposal for a regulation
Recital 14
Recital 14
(14) Public procurement can play a significant role in improving payment performance. Enhanced synergies should therefore be put in place between public procurement policies and rules and prompt payment objectives. Particularly, introducing effective measures to discourage not only late payment by public authorities but also the awarding of contracts to undertakings that do not pay on time or as provided for in this Regulation. What is more, in public construction works, subcontractors are often not paid on time by the main contractor, even when the contracting authorities or contracting entities have made the contractual payments to them, thus potentially creating a damaging domino-effect in the supply chain. It is therefore appropriate that contractors provide evidence to contracting authorities and contracting entities of payments to their direct subcontractors.
Amendment 134 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9a) ‘payment document’ means any invoice, credit note or equivalent request for payment;
Amendment 134 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9a) ‘payment document’ means any invoice, credit note or equivalent request for payment;
Amendment 193 #
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. When the contract provides for an approval of invoicing by the purchasing public authority, the required approval shall be considered duly obtained if, within 15 days following the transmission of the requested documentation, no objections are raised by the purchasing public authority.
Amendment 193 #
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. When the contract provides for an approval of invoicing by the purchasing public authority, the required approval shall be considered duly obtained if, within 15 days following the transmission of the requested documentation, no objections are raised by the purchasing public authority.
Amendment 200 #
Proposal for a regulation
Article 3 – paragraph 4 b (new)
Article 3 – paragraph 4 b (new)
4b. Delays related to the issuance of invoicing for works and services in ongoing performance contracts involving public authorities shall be avoided. Any invoicing terms or practices imposing an invoicing frequency beyond a bimonthly period shall not be established.
Amendment 200 #
Proposal for a regulation
Article 3 – paragraph 4 b (new)
Article 3 – paragraph 4 b (new)
4b. Delays related to the issuance of invoicing for works and services in ongoing performance contracts involving public authorities shall be avoided. Any invoicing terms or practices imposing an invoicing frequency beyond a bimonthly period shall not be established.
Amendment 214 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall ensure that, for public works contracts referred to in the first paragraph, contracting authorities include in the contract notice a criterion of merit for the undertakings which are the subject of measures referred to in Article 14(1)(d) that have not been challenged within the time limits laid down by law or that have been confirmed in judicial or administrative proceedings. Law enforcement authorities shall ensure that contracting authorities have access to their databases.
Amendment 214 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall ensure that, for public works contracts referred to in the first paragraph, contracting authorities include in the contract notice a criterion of merit for the undertakings which are the subject of measures referred to in Article 14(1)(d) that have not been challenged within the time limits laid down by law or that have been confirmed in judicial or administrative proceedings. Law enforcement authorities shall ensure that contracting authorities have access to their databases.
Amendment 222 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Offsetting against liabilities owed to public entities For public works contracts falling within the scope of Directives 2014/23/EU, 2014/25/EU, 2014/24/EU and 2009/81/EC of the European Parliament and of the Council, Member States shall ensure that an undertaking which qualifies as a creditor within the meaning of Article 2(9) of this Regulation may ask the contracting authority which has not paid the amount due within the time limit laid down in Article 3 of this Regulation to offset the amount due against the liabilities that a public authority has in any way towards the creditor.
Amendment 222 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Offsetting against liabilities owed to public entities For public works contracts falling within the scope of Directives 2014/23/EU, 2014/25/EU, 2014/24/EU and 2009/81/EC of the European Parliament and of the Council, Member States shall ensure that an undertaking which qualifies as a creditor within the meaning of Article 2(9) of this Regulation may ask the contracting authority which has not paid the amount due within the time limit laid down in Article 3 of this Regulation to offset the amount due against the liabilities that a public authority has in any way towards the creditor.
Amendment 266 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. The following contractual terms and practices shall be null and void:
Amendment 280 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Where the clauses referred to in paragraph 1 are in the nature of practices, the conduct in question shall be regarded as unlawful.
Amendment 289 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Every year, law enforcement authorities shall publish on their institutional website a list of undertakings against which decisions referred to in Article 14(1)(d) have been taken and which have not been subject to administrative or judicial review by the interested parties or have been backed in reviews of that kind, in accordance with the laws of the Member State. Decisions shall be available free of charge, in compliance with data protection law.
Amendment 312 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Law enforcement authorities shall be independent from public authorities involved in any way in public procurement processes.
Amendment 314 #
Proposal for a regulation
Article 13 – paragraph 1 b (new)
Article 13 – paragraph 1 b (new)
1b. Each Member State shall ensure that at national level each designated law enforcement authority is provided with the human, financial and means to carry out its functions efficiently. Those authorities should be as accessible as possible to economic operators, including by means of field offices.
Amendment 318 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where appropriate, enforcement authorities shall take measures necessary to ensure that the deadlines for payments are complied with and compliance is bolstered. Possible measures include: a) advertising tools; b) a register of ‘bad’ payers; c) dissemination of information; d) training campaigns; e) ratings and/or indices that make it possible to profile clients in terms of creditworthiness.
Amendment 346 #
Proposal for a regulation
Article 14 – paragraph 1 – point c a (new)
Article 14 – paragraph 1 – point c a (new)
(ca) without prejudice to Article 15(3), the power to invite the debtor and the creditor to appear at the premises of the enforcement authority for a conciliation attempt, without prejudice to the use of the mechanisms referred to in Article 16;
Amendment 348 #
Proposal for a regulation
Article 14 – paragraph 1 – point c b (new)
Article 14 – paragraph 1 – point c b (new)
(cb) the power to notify the competent authorities referred to in Directive 2013/34/EU of any irregularities in the context of the reporting requirements referred to in Article 29b of that Directive.