Activities of Jürgen CREUTZMANN 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 (9)
Amendment 35 #
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 guarantees 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 org and the principles of data protection by design, proportionality and data minimisation. In addition, small and medium-sized enterprises as well as smaller contracting authorities and contracting entities, which have only limited staff and financial resources, should be able to apply the standard without incurring excessive costs. Furthermore, the standard should also be suitable for use in commercial tranisaction, further requirements as to the content of such European standard and a deadline for its adoption. __________________ 3 4 s between private companies, in order to avoid additional costs. Finally, the standard should be compatible with relevant international standards in order to prevent suppliers from third countries encountering technical market access barriers. __________________ 3 OJ L 316, 14.11.2012, p. 12. OJ L 316, 14.11.2012, p. 12. 4 OJ L 281, 23.11.1995, p. 31. OJ L 281, 23.11.1995, p. 31. Or. de (see amendment to Article 3(1))
Amendment 44 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
Amendment 50 #
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 48 months12 months for central government authorities and central purchasing bodies, and 24 months for sub-central contracting authorities and contracting entities after publication of the standard is justified.
Amendment 61 #
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 technologicallcontain the elements listed in the Annex and meet at least the following requirements: - technology neutral, andity; - guarantee personal data protection in accordance with Directive 95/46/EC. and with the principles of data protection by design, proportionality and data minimisation; - taking into account the special needs of small and medium-sized enterprises as well as the sub-central contracting authorities and contracting entities; - suitability for use in commercial transactions between enterprises;
Amendment 73 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a Data protection 1. Applicable European and national rules on data protection shall be unaffected by this Directive and their field of application shall extend to electronic invoicing. 2. Insofar as there is no provision to the contrary in European or national law and without prejudice to appropriate protective measures in accordance with Article 13 of Directive 95/46/EC, personal data may be used exclusively for the purpose of electronic invoicing or purposes compatible with it. 3. Member States shall ensure, without prejudice to appropriate protective measures in accordance with Article 13 of Directive 95/46/EC, that arrangements for the publication, for transparency and accounting purposes, of personal data gathered in connection with electronic invoicing are in line with the purpose of such publication and with the principle of the protection of privacy.
Amendment 75 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Formal objections 1. When a Member State or the European Parliament considers that the European standard for the semantic data model of the core electronic invoice does not entirely satisfy the requirements which it aims to cover and which are set out in Article 3(1) second paragraph and in the Annex, it shall inform the Commission thereof with a detailed explanation and the Commission shall, after consulting the committee referred to in Article 5b, decide: (a) to publish, not to publish or to publish with restriction the references to the European standard for the semantic data model of the core electronic invoice in the Official Journal of the European Union; (b) to maintain, to maintain with restriction or to withdraw the references to the European standard for the semantic data model of the core electronic invoice in or from the Official Journal of the European Union. 2. 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 for the semantic data model of the core electronic invoice. 3. The decision referred to in point (a) of paragraph 1 of this Article shall be adopted in accordance with the advisory procedure referred to in Article 5b(2). 4. The decision referred to in point (b) of paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 5b(3).
Amendment 78 #
Proposal for a directive
Article 5 b (new)
Article 5 b (new)
Amendment 81 #
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 48 months following the entry into force at the latest. They shall forthwith communicate to the Commission the text of those provisions. Or. de (See amendment to Article 6(1), subparagraph 1a (new).)
Amendment 84 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1 a (new)
Article 6 – paragraph 1 – subparagraph 1 a (new)