2023/0323(COD) Commercial transactions: combating late payment
Lead committee dossier:
Progress: Awaiting Council's 1st reading position
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | IMCO |
THUN UND HOHENSTEIN Róża ( Renew)
|
MANDERS Antonius ( EPP),
PENKOVA Tsvetelina ( S&D),
GRUFFAT Claude ( Verts/ALE),
JORON Virginie ( ID),
JURZYCA Eugen ( ECR),
KOULOGLOU Stelios ( GUE/NGL)
|
| Committee Opinion | ITRE | ||
| Committee Opinion | JURI |
Lead committee dossier:
Legal Basis:
TFEU 114
Legal Basis:
TFEU 114Subjects
Events
2024/04/23
EP - Text adopted by Parliament, 1st reading/single reading
Documents
2024/04/23
EP - Decision by Parliament, 1st reading
Documents
2024/03/25
EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2024/03/25
EP - Committee report tabled for plenary, 1st reading
Documents
2024/03/20
EP - Vote in committee, 1st reading
2024/03/07
MT_PARLIAMENT - Contribution
Documents
2024/02/09
CZ_CHAMBER - Contribution
Documents
2024/01/31
CofR - Committee of the Regions: opinion
Documents
2024/01/26
CZ_SENATE - Contribution
Documents
2024/01/17
ESC - Economic and Social Committee: opinion, report
Documents
2024/01/04
RO_SENATE - Contribution
Documents
2023/12/20
IE_HOUSES-OF-OIREACHTAS - Contribution
Documents
2023/12/20
PT_PARLIAMENT - Contribution
Documents
2023/12/18
EP - Amendments tabled in committee
Documents
2023/12/15
EP - Amendments tabled in committee
Documents
2023/12/01
IT_SENATE - Contribution
Documents
2023/11/14
EP - Committee draft report
Documents
2023/10/02
EP - Committee referral announced in Parliament, 1st reading
2023/09/13
EC - Document attached to the procedure
Documents
2023/09/13
EC - Document attached to the procedure
Documents
2023/09/13
EC - Document attached to the procedure
Documents
2023/09/13
EC - Document attached to the procedure
Documents
2023/09/12
EC - Legislative proposal published
Details
PURPOSE: to combat late payment in commercial transactions, in order to ensure the proper functioning of the internal market.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: every year, around 18 billion invoices are issued in the EU, more than 500 every second. Goods and services are often supplied on deferred payments: the supplier (the creditor) grants the client (the debtor) a payment term to pay the invoice (trade credit), after the goods are delivered or the service agreed on in the contract is provided.
Many payments in commercial transactions between economic operators or between economic operators and public authorities are made later than agreed in the contract or laid down in the general commercial conditions or by law.
Late payments directly affect liquidity and predictability of cash flows. This affects competitiveness, reduces productivity, leads to redundancies, increases the likelihood of insolvencies and bankruptcies and is a critical barrier for growth. Small and medium sized enterprises (SMEs), who rely on regular and predictable streams of cash, are heavily affected by those negative consequences.
For debtors, paying late is an attractive form of finance that costs the debtor nothing but does have a cost for the creditor. This is compounded by the inadequacy of the current EU legal framework, Directive 2011/7/EU (the Late Payment Directive), which lacks sufficient preventive measures and suitable deterrents, and whose enforcement and redress mechanisms are insufficient.
The revision of the Late Payment Directive addresses these shortcomings, with the ultimate aims of improving the payment discipline of all concerned actors (public authorities, large companies and SMEs) and protecting companies from the negative effects of payment delays in commercial transactions.
CONTENT: the proposed regulation will apply to payments made in transactions between undertakings or between undertakings and public authorities, where the public authority is the debtor, which lead to the delivery of goods or the provision of services for remuneration.
The regulation will not apply to payments for transactions with consumers; payments made as compensation for damages, including payments from insurance companies; payments resulting from obligations that can be cancelled, postponed, or waived under or in relation to insolvency proceedings or restructuring proceedings.
The proposed revision of the Late Payments Directive:
- limits the payment period and the duration of the procedure of acceptance or verification to a maximum of 30 days ;
- eliminates any reference to the concept of grossly unfair practices and clauses;
- removes exceptions for a maximum payment period of 60 days for healthcare and public authorities carrying out economic activities;
- supports that payments are passed down the supply chain in contracts for public works, by requiring the main contractor to prove that direct subcontractors have been paid;
- clarifies that interest for late payment is automatically due when the necessary conditions are satisfied, requires also that the debtor give the creditor all the information they need to ensure an invoice can be accepted and clarifies that interest for late payment accrues until payment of the principal;
- states that the interest for late payment will be equal to the reference rate plus 8 percentage points;
- provides that a flat fee compensation for recovery costs will be automatically due by the debtor to the creditor and will amount to a fixed sum of EUR 50, per every single commercial transaction;
- states that Member States are obliged to designate national authorities responsible for enforcing the Regulation, who are to cooperate with the Commission and with other relevant national enforcement authorities;
- sets out the conditions under which creditors and associations of creditors can complain about late payments, as well as the obligations of the enforcement authorities in relation to complaints;
- promotes the voluntary use of effective and independent alternative dispute resolution mechanisms for a quicker settlement of disputes between creditors and debtors, without damaging their commercial relationship;
- ensures the use of digital tools for enforcing the Regulation and the promotion of credit management tools and financial literacy training for SMEs, to reduce late payment.
Documents
2023/08/23
EP - THUN UND HOHENSTEIN Róża (Renew) appointed as rapporteur in IMCO
Documents
- Text adopted by Parliament, 1st reading/single reading: T9-0299/2024
- Decision by Parliament, 1st reading: T9-0299/2024
- Committee report tabled for plenary, 1st reading/single reading: A9-0156/2024
- Committee report tabled for plenary, 1st reading: A9-0156/2024
- Contribution: COM(2023)0533
- Contribution: COM(2023)0533
- Committee of the Regions: opinion: CDR4941/2023
- Contribution: COM(2023)0533
- Economic and Social Committee: opinion, report: CES3705/2023
- Contribution: COM(2023)0533
- Contribution: COM(2023)0533
- Contribution: COM(2023)0533
- Amendments tabled in committee: PE757.130
- Amendments tabled in committee: PE757.363
- Contribution: COM(2023)0533
- Committee draft report: PE756.002
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2023)0313
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2023)0312
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2023)0313
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2023)0314
- Legislative proposal published: COM(2023)0533
- Document attached to the procedure: EUR-Lex SEC(2023)0313
- Document attached to the procedure: EUR-Lex SWD(2023)0312
- Document attached to the procedure: EUR-Lex SWD(2023)0313
- Document attached to the procedure: EUR-Lex SWD(2023)0314
- Committee draft report: PE756.002
- Amendments tabled in committee: PE757.363
- Amendments tabled in committee: PE757.130
- Economic and Social Committee: opinion, report: CES3705/2023
- Committee of the Regions: opinion: CDR4941/2023
- Committee report tabled for plenary, 1st reading/single reading: A9-0156/2024
- Text adopted by Parliament, 1st reading/single reading: T9-0299/2024
- Contribution: COM(2023)0533
- Contribution: COM(2023)0533
- Contribution: COM(2023)0533
- Contribution: COM(2023)0533
- Contribution: COM(2023)0533
- Contribution: COM(2023)0533
- Contribution: COM(2023)0533
Activities
- Róża THUN UND HOHENSTEIN
Plenary Speeches (1)
Votes
A9-0156/2024 – Róża Thun und Hohenstein – Article 1, § 3, after point c – Am 109 #
2024/04/23 Outcome: +: 436, -: 109, 0: 67
PPE
The Left
NIA9-0156/2024 – Róża Thun und Hohenstein – Article 2, § 1, after point 9 – Am 94 #
2024/04/23 Outcome: +: 343, -: 152, 0: 109
A9-0156/2024 – Róża Thun und Hohenstein – Article 3, § 1 and after § 1 – Am 104CP1= 110CP1= #
2024/04/23 Outcome: -: 350, +: 225, 0: 28
A9-0156/2024 – Róża Thun und Hohenstein – Article 3, § 1 and after § 1 – Am 104CP2= 110CP2= #
2024/04/23 Outcome: -: 351, +: 225, 0: 30
A9-0156/2024 – Róża Thun und Hohenstein – Article 4 – Am 106D= 112D= #
2024/04/23 Outcome: -: 356, +: 196, 0: 56
A9-0156/2024 – Róża Thun und Hohenstein – After recital 9 – Am 92 #
2024/04/23 Outcome: +: 437, -: 139, 0: 17
A9-0156/2024 – Róża Thun und Hohenstein – Commission proposal #
2024/04/23 Outcome: +: 459, -: 96, 0: 54
| Amendments | Dossier |
| 380 |
2023/0323(COD)
2023/12/15
IMCO
182 amendments...
Amendment 224 #
Proposal for a regulation 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 not responsible for the payment delay for reasons of force majeure.
Amendment 225 #
Proposal for a regulation 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 not responsible for the payment delay for reasons of force majeure.
Amendment 226 #
Proposal for a regulation Article 5 – paragraph 1 1. In case of late payment, the debtor shall be liable to pay interest for late payment to the creditor, except where the debtor is not responsible for the payment delay.
Amendment 227 #
Proposal for a regulation 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
Amendment 228 #
Proposal for a regulation Article 5 – paragraph 1 1. In case of late payment, the debtor shall
Amendment 229 #
Proposal for a regulation Article 5 – paragraph 1 1. In case of late payment, the debtor shall
Amendment 230 #
Proposal for a regulation Article 5 – paragraph 1 1. In case of late payment, the debtor
Amendment 231 #
Proposal for a regulation Article 5 – paragraph 2 – introductory part 2. Interest for late payment shall be automatically due by the debtor to the creditor,
Amendment 232 #
Proposal for a regulation Article 5 – paragraph 2 – introductory part 2. Interest for late payment shall be
Amendment 233 #
Proposal for a regulation Article 5 – paragraph 2 – introductory part 2. Interest for late payment shall be
Amendment 234 #
Proposal for a regulation Article 5 – paragraph 2 – introductory part 2. Interest for late payment shall be
Amendment 235 #
Proposal for a regulation Article 5 – paragraph 2 – introductory part 2. Interest for late payment shall be
Amendment 236 #
Proposal for a regulation Article 5 – paragraph 2 – point c (c) the creditor has not received the amount due specified in the invoice or the equivalent request for payment, within the contractual or statutory payment period
Amendment 237 #
Proposal for a regulation Article 5 – paragraph 3 Amendment 238 #
Proposal for a regulation Article 5 – paragraph 3 Amendment 239 #
Proposal for a regulation Article 5 – paragraph 3 Amendment 240 #
Proposal for a regulation 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 241 #
Proposal for a regulation Article 5 – paragraph 3 3.
Amendment 242 #
Proposal for a regulation Article 5 – paragraph 3 3. It shall
Amendment 243 #
Proposal for a regulation Article 5 – paragraph 6 6. Where the conditions set out in paragraph 2 are satisfied, interest for late payment shall start accruing from the
Amendment 244 #
Proposal for a regulation Article 5 – paragraph 6 – introductory part 6. Where the conditions set out in paragraph 2 are satisfied, interest for late payment shall start accruing
Amendment 245 #
Proposal for a regulation Article 5 – paragraph 6 – introductory part 6. Where the conditions set out in paragraph 2 are
Amendment 246 #
Proposal for a regulation Article 5 – paragraph 6 – introductory part 6.
Amendment 247 #
Proposal for a regulation Article 5 – paragraph 6 – point a (a) the number of days agreed as the payment period after the receipt by the debtor of the invoice or an equivalent request for payment;
Amendment 248 #
Proposal for a regulation Article 5 – paragraph 6 – point a (a)
Amendment 249 #
Proposal for a regulation Article 5 – paragraph 6 – point b (b) the number of days agreed as the payment period after the receipt by the debtor of the goods or services.
Amendment 250 #
Proposal for a regulation Article 5 – paragraph 7 7. The interest for late payment shall accrue until payment of the amount due. The interest for late payment shall accrue in the event of late payment in business- to-business transactions and in transactions between businesses and public authorities or legal entities governed by public law.
Amendment 251 #
Proposal for a regulation Article 5 – paragraph 7 7. The interest for late payment shall accrue until receipt of payment
Amendment 252 #
Proposal for a regulation Article 6 – paragraph 1 (1) The interest for late payment shall be equal to the reference rate plus
Amendment 253 #
Proposal for a regulation 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 254 #
Proposal for a regulation Article 6 – paragraph 3 a (new) 3a. In case of transborder operations, the reference rate shall be the rate set by the national central bank in which the creditor is established.
Amendment 255 #
Proposal for a regulation Article 7 – paragraph 1 Where payment is done on the basis of schedules providing for instalments, and an
Amendment 256 #
Proposal for a regulation Article 8 – paragraph 1 1. Where interest for late payment becomes payable in accordance with Article 5, a flat fee compensation for recovery costs shall be automatically due by the debtor to the creditor and shall amount to a fixed sum of EUR 50, per every single commercial transaction of a value between 0 and EUR 1500, EUR 100 per every single commercial transaction of a value between EUR 1501 and EUR 10 000, and EUR 200 per every single commercial transaction above EUR 10 000.
Amendment 257 #
Proposal for a regulation Article 8 – paragraph 1 (1) Where interest for late payment becomes payable in accordance with Article 5, a flat fee compensation for recovery costs shall be automatically due by the debtor to the creditor and shall amount to a fixed sum of EUR
Amendment 258 #
Proposal for a regulation Article 8 – paragraph 1 1. Where interest for late payment becomes payable in accordance with Article 5, a flat fee compensation for recovery costs shall be automatically due by the debtor to the creditor and shall amount to a fixed sum of EUR 50, per every single commercial
Amendment 259 #
Proposal for a regulation 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. The flat fee should be increased annually in accordance with the Union inflation rate and the amount shall be communicated pursuant to Article 11.
Amendment 260 #
Proposal for a regulation 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
Amendment 261 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 262 #
Proposal for a regulation 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
Amendment 263 #
Proposal for a regulation Article 8 – paragraph 3 3.
Amendment 264 #
Proposal for a regulation Article 9 – title Null
Amendment 265 #
Proposal for a regulation Article 9 – paragraph 1 – introductory part 1. The following contractual terms and practices shall be prohibited. Any such terms and practices shall be null and void:
Amendment 266 #
Proposal for a regulation Article 9 – paragraph 1 – introductory part 1. The following contractual terms
Amendment 267 #
Proposal for a regulation Article 9 – paragraph 1 – introductory part 1. The following contractual terms
Amendment 268 #
Proposal for a regulation Article 9 – paragraph 1 – introductory part 1. The following contractual terms
Amendment 269 #
Proposal for a regulation Article 9 – paragraph 1 – point a Amendment 270 #
Proposal for a regulation Article 9 – paragraph 1 – point b (b) excluding
Amendment 271 #
Proposal for a regulation Article 9 – paragraph 1 – point d Amendment 272 #
Proposal for a regulation Article 9 – paragraph 1 – point d Amendment 273 #
Proposal for a regulation Article 9 – paragraph 1 – point d (d)
Amendment 274 #
Proposal for a regulation Article 9 – paragraph 1 – point d a (new) (da) prohibiting or limiting the assignment of receivables to a relevant financial institution.
Amendment 275 #
Proposal for a regulation Article 9 – paragraph 1 – point d a (new) (da) refusing of, opposing or not consent to the assignment of credits to supervised intermediaries.
Amendment 276 #
Proposal for a regulation 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 277 #
Proposal for a regulation Article 9 – paragraph 1 – point d a (new) (da) using means of payment altering payment terms.
Amendment 278 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1a. The contractual terms and practices setting the grossly unfair payment period shall be considered grossly unfair. In determining whether a contractual term is grossly unfair all circumstances shall be considered, including: (a) any gross deviation from good commercial practice, contrary to good faith and fair dealing; (b) the nature of the product or the service; and (c) whether the debtor has any objective reason to deviate from the statutory rate of interest for late payment, from the payment period as referred to in Article 3 or from the fixed sum as referred to in Article 8(1).
Amendment 279 #
Proposal for a regulation 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 280 #
Proposal for a regulation 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 281 #
Proposal for a regulation Article 9 – paragraph 2 2. Member States shall ensure that adequate and effective means exist to end
Amendment 282 #
Proposal for a regulation Article 9 – paragraph 2 2. Member States shall ensure that adequate and effective means exist to verify and end the contractual terms and practices referred to in paragraph 1 and 1a.
Amendment 283 #
Proposal for a regulation Article 9 – paragraph 3 a (new) 3a. Member States shall ensure that, in the interests of creditors and competitors, adequate and effective means exist to prevent the continued use of contractual terms and practices which are grossly unfair.
Amendment 284 #
Proposal for a regulation Article 9 – paragraph 3 b (new) 3b. The means referred to in paragraph 2 shall include provisions whereby organisations officially recognised as representing undertakings, or organisations with a legitimate interest in representing undertakings may take action according to the applicable national law before the courts or before competent administrative bodies on the grounds that contractual terms or practices are grossly unfair, so that they can apply appropriate and effective means to prevent their continued use.
Amendment 285 #
Proposal for a regulation Article 10 Amendment 286 #
Proposal for a regulation Article 10 – paragraph 1 A creditor shall retain title to any good
Amendment 287 #
Proposal for a regulation Article 10 – paragraph 1 A
Amendment 289 #
Proposal for a regulation 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 290 #
Proposal for a regulation 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 291 #
Proposal for a regulation Article 11 – paragraph 2 a (new) 2a. Member States shall communicate to the Commission the lists of goods and services subject to the procedure of acceptance or verification set out in Article 3(2). This information shall be made publicly available via the Single Digital Gateway and the EU Payment Observatory.
Amendment 292 #
Proposal for a regulation Article 11 – paragraph 2 a (new) 2a. Member States shall, where appropriate, use professional publications, promotion campaigns or any other functional means to increase awareness of the remedies for late payment among undertakings.
Amendment 293 #
Proposal for a regulation Article 11 – paragraph 2 a (new) 2a. National enforcement authorities shall publish on their website a list of undertakings against which decisions referred to in Article 14 have been issued.
Amendment 294 #
Proposal for a regulation Article 11 – paragraph 2 b (new) 2b. By March at the latest, the Commission shall be informed of the lists 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 appeals of that kind, in accordance with the rules of the Member State. The Commission shall draw up a single list, which shall be published on a dedicated section of its institutional website and regularly updated. Decisions shall be available free of charge, in compliance with data protection law. The Commission shall ensure that the decisions published are translated into the official languages of the Union.
Amendment 295 #
Proposal for a regulation Article 11 – paragraph 2 b (new) 2b. Where applicable, Member States shall communicate to the Commission the sectors, goods and services, subject to derogatory payment period set out in Article 3(1a). This information shall be made publicly available via the EU Payment Observatory.
Amendment 296 #
Proposal for a regulation Article 11 a (new) Article 11a Transparency obligations 1. Public authorities and large undertakings, as referred to in Article 3(4) of Directive 2013/34/EU shall publish information on their payment practices, including average payment periods for settling invoices and to receive payment for invoices. 2. The report shall include at least: a. the average payment period for settling invoices and to receive payment for invoices; b. the percentage and value of payments settled within 30 days, in 31 to 60 days, and in 61 days or more; c. the percentage and value of payments made overdue by up to 15 days, in 16 to 30 days, in 31 to 60 days, and in 61 days or more; d. the percentage and value of payments received within 30 days, in 31 to 60 days, and in 61 days or more; e. the percentage and value of payments received overdue by up to 5 days, in 6 to 15 days, in 16 to 30 days, in 31 to 60 days, and in 61 days or more. 3. The report shall provide information according to paragraph 2 separately for micro undertakings, small and medium- sized undertakings and large undertakings as referred to Directive 2013/34/EU. 4. The report shall be easily and publicly available on the websites of public authorities and large undertakings.
Amendment 297 #
Proposal for a regulation Article 12 – paragraph 1 1. Creditors shall obtain an enforceable title, including through an expedited procedure and irrespective of the amount of debt, within 90 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. In such cases, each Member State shall provide the right of the creditor to obtain such an enforcement title with a simple written declaration, requiring the debtor to prove that payment has been made. In those Member States that have already implemented an electronic invoicing system, the debtor's acknowledgment of the invoice should be accepted as credible evidence of the credit's existence and the claim. This procedure for recovery should be automatically applicable to interest on late payments and the flat-rate compensation for invoices that have been settled.
Amendment 298 #
Proposal for a regulation Article 12 – paragraph 1 1. Creditors shall obtain an enforceable title, including through an expedited procedure and irrespective of the amount of debt, within
Amendment 299 #
Proposal for a regulation Article 12 – paragraph 1 1. Creditors shall obtain an enforceable title, including through an expedited procedure and irrespective of the amount of debt, within
Amendment 300 #
Proposal for a regulation Article 12 – paragraph 2 a (new) 2a. Each Member State shall remove any provisions that prevent creditors from receiving adequate judicial protection, including appeals.
Amendment 301 #
Proposal for a regulation 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 Amendment 303 #
Proposal for a regulation Article 13 Amendment 305 #
Proposal for a regulation Article 13 – paragraph 1 1. Each Member State shall designate one or more authorities responsible for the enforcement of this Regulation (‘enforcement authority’). Member States shall provide this authority with appropriate human, technical and financial resources to carry out its tasks and enforce its powers efficiently.
Amendment 306 #
Proposal for a regulation Article 13 – paragraph 1 1. Each Member State shall designate one or more authorities responsible for the enforcement of this Regulation (‘enforcement authority’). These authorities shall be sufficiently funded.
Amendment 307 #
Proposal for a regulation Article 13 – paragraph 1 (1) Each Member State shall designate
Amendment 308 #
Proposal for a regulation Article 13 – paragraph 1 1. Each Member State shall
Amendment 309 #
Proposal for a regulation 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.
Amendment 310 #
Proposal for a regulation Article 13 – paragraph 1 a (new) 1a. Every Member State shall ensure that each designated national authority has the appropriate human, financial and material resources to effectively perform its duties.
Amendment 311 #
Proposal for a regulation Article 13 – paragraph 1 a (new) (1a) The enforcement authority must be independent from public authorities involved in any way whatsoever with public procurement procedures.
Amendment 312 #
Proposal for a regulation 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 313 #
Proposal for a regulation Article 13 – paragraph 1 a (new) 1a. Enforcement authorities shall be independent from public authorities involved in public procurement procedures.
Amendment 314 #
Proposal for a regulation 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 315 #
Proposal for a regulation Article 13 – paragraph 1 b (new) (1b) Each Member State shall ensure that every enforcement authority appointed at national level is provided with sufficient human, financial and technical resources to carry out its duties effectively. The enforcement authority shall be as accessible as possible to economic operators.
Amendment 316 #
Proposal for a regulation Article 13 – paragraph 1 b (new) 1b. Member States shall notify the Commission, without undue delay, of the enforcement authorities designated under paragraph 1. The Commission can require the Member States to prove the independency of such enforcement authorities.
Amendment 317 #
Proposal for a regulation Article 13 – paragraph 2 Amendment 318 #
Proposal for a regulation 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 319 #
Proposal for a regulation Article 13 – paragraph 2 2. Where appropriate, enforcement authorities shall take proportionate measures necessary to ensure that the deadlines for payments are complied with.
Amendment 320 #
Proposal for a regulation 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.
Amendment 321 #
Proposal for a regulation Article 13 – paragraph 2 (2) Where appropriate, the enforcement authorit
Amendment 322 #
Proposal for a regulation 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 323 #
Proposal for a regulation Article 13 – paragraph 3 Amendment 324 #
Proposal for a regulation Article 13 – paragraph 3 3. Enforcement authorities shall cooperate effectively with each other and with the Commission and shall provide each other with mutual assistance in investigations that have a cross-border dimension. The Commission shall supervise the effective cooperation of the enforcement authorities.
Amendment 325 #
Proposal for a regulation Article 13 – paragraph 3 3. Enforcement authorities shall cooperate effectively with each other and with the Commission and shall provide each other with mutual assistance in investigations that have a cross-border dimension. The Commission shall oversee the effective cooperation of the enforcement authorities.
Amendment 326 #
Proposal for a regulation Article 13 – paragraph 3 (3)
Amendment 327 #
Proposal for a regulation Article 13 – paragraph 3 a (new) 3a. Enforcement authorities shall make publicly available aggregated information regarding the number of complaints lodged against undertakings and public authorities due to violation of Article 3 of this Regulation.
Amendment 328 #
Proposal for a regulation Article 13 – paragraph 4 Amendment 329 #
Proposal for a regulation Article 13 – paragraph 4 4. Enforcement authorities shall coordinate their activities with other authorities responsible for enforcing other Union or national legislation including through exchange of information obligations, as well as with those authorities responsible for the allocation of public funds in order not to grant such funds to undertakings which are not in conformity with the maximum payment period set out in Article 3.
Amendment 330 #
Proposal for a regulation Article 13 – paragraph 4 4. Enforcement authorities shall coordinate their activities including through exchange of information with other authorities responsible for enforcing other Union or national legislation
Amendment 331 #
Proposal for a regulation Article 13 – paragraph 4 (4)
Amendment 332 #
Proposal for a regulation Article 13 – paragraph 5 Amendment 333 #
Proposal for a regulation Article 13 – paragraph 5 (5)
Amendment 334 #
Proposal for a regulation Article 13 – paragraph 5 a (new) 5a. By [OP: please insert the date = 1 year after the entry into force of this Regulation] and every 3 years thereafter, the Commission shall make publicly available the information regarding enforcement authorities in Member States, the number of complaints and investigations, measures taken according to paragraph 2 of this Article and identification of best practices.
Amendment 335 #
Proposal for a regulation Article 13 – paragraph 5 a (new) 5a. Every 2 years, Member States shall submit a report to the Commission specifying the actions carried out in relation to Article 14 (1) and the details of the penalties applied as set out in Article 14 (2).The Commission shall send the report to the EU Payment Observatory and to the EU SME Envoy.
Amendment 336 #
Proposal for a regulation 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 337 #
Proposal for a regulation Article 13 – paragraph 5 a (new) 5a. Enforcement authorities shall forward to the Commission every six months a report specifying the number of penalties applied under Article 14(2).
Amendment 338 #
Proposal for a regulation Article 14 Amendment 339 #
Proposal for a regulation Article 14 Amendment 340 #
Proposal for a regulation Article 14 Amendment 342 #
Proposal for a regulation Article 14 – paragraph 1 – introductory part 1. Enforcement authorities shall have the necessary human, financial and technical resources and expertise to perform their duties in an effective manner, and shall have the following powers:
Amendment 343 #
Proposal for a regulation Article 14 – paragraph 1 – introductory part (1)
Amendment 344 #
Proposal for a regulation Article 14 – paragraph 1 – introductory part 1. Enforcement authorities shall have the necessary resources and expertise to perform their duties, and
Amendment 345 #
Proposal for a regulation Article 14 – paragraph 1 – point a (a) the power to initiate and conduct investigations on their own initiative
Amendment 346 #
Proposal for a regulation 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 347 #
Proposal for a regulation 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) (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.
Amendment 349 #
Proposal for a regulation 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.
Amendment 350 #
Proposal for a regulation Article 14 – paragraph 1 – point d (d) the power to take decisions finding an infringement of this Regulation and requiring the debtor to pay interest for late payment as provided for in Article 5 or requiring the debtor to compensate the creditor as provided for in Article 8 or both;
Amendment 351 #
Proposal for a regulation Article 14 – paragraph 2 2. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall ensure that a significant share of the amounts collected by law enforcement authorities as penalties are allocated to the financing of the measures referred to in Article 17 of this Regulation.
Amendment 352 #
Proposal for a regulation Article 14 – paragraph 2 a (new) 2a. Member States shall ensure that an adequate portion of the penalties collected by the enforcement authorities contributes to the financing of the measures referred to in Article 17 of this Regulation.
Amendment 353 #
Proposal for a regulation Article 14 – paragraph 3 3. Member States shall,
Amendment 354 #
Proposal for a regulation Article 14 a (new) Article 14a Reporting obligations 1. Public authorities and undertakings that do not fall under the definition of micro, small and medium-sized enterprises as defined in Recommendation 2003/361/EC shall report on a yearly basis on their payment practices. Member States shall transmit their data to the EU Payment Observatory. 2. Reporting obligation referred to in paragraph 1 shall contain, at least: (a) the amount, in EUR, of invoices paid; (b) the amount, in EUR, of invoices received; (c) the average time to pay an invoice. 3. The report referred to paragraph 1 shall be submitted by the undertakings referred to in paragraph 1 to the enforcement authorities referred to in Article 13 and be accessible to the public.
Amendment 355 #
Proposal for a regulation Article 14 a (new) Article 14a Reporting obligations 1. Public authorities and large undertakings, as referred to in Article 3(4) of Directive 2013/34/EU, shall report on a yearly basis on their payment practices. 2. Reporting obligation referred to in paragraph 1 shall contain: (a) the amount of invoices paid: - 1 to 30 days after the deadline referred to in Article 3(1) of this Regulation; - 31 to 60 days after the deadline referred to in Article 3(1) of this Regulation; - 61 to 90 days after the deadline referred to in Article 3(1) of this Regulation; - more than 90 days after the deadline referred to in Article 3(1) of this Regulation.
Amendment 356 #
Proposal for a regulation Article 15 Amendment 357 #
Proposal for a regulation Article 15 Amendment 358 #
Proposal for a regulation Article 15 Amendment 359 #
Proposal for a regulation Article 15 – paragraph 1 1. Creditors may address complaints either to the enforcement authority of the Member State in which they are established or to the enforcement authority of the Member States in which the debtor is established. The enforcement authority to which the complaint is addressed shall be competent to enforce this Regulation. The enforcement authority shall notify the creditor filing a complaint within 60 calendar days how it intends to follow up on the complaint.
Amendment 360 #
Proposal for a regulation Article 15 – paragraph 1 a (new) 1a. By ... [OP: 12 months after the entry into force of this Regulation], the Commission shall provide Member States with templates allowing undertakings to submit complaints. Member States shall make such templates available to the organisations representing undertakings and to the enforcement authorities, which shall ensure that the templates are easily accessible to undertakings, in particular to micro-undertakings and SMEs.
Amendment 361 #
Proposal for a regulation Article 15 – paragraph 1 a (new) (1a) Within 12 months of the publication of this Regulation, the Commission shall provide Member States and the enforcement authority with the specific data templates needed for the submission of such complaints.
Amendment 362 #
Proposal for a regulation Article 15 – paragraph 3 3.
Amendment 363 #
Proposal for a regulation Article 15 – paragraph 3 3. Where the complainant so requests, the 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. Complainants may submit a complaint to the enforcement authorities anonymously.
Amendment 364 #
Proposal for a regulation Article 15 – paragraph 3 3.
Amendment 365 #
Proposal for a regulation Article 15 – paragraph 3 a (new) 3a. The enforcement authority shall provide the option to the complainant to address complaints anonymously.
Amendment 366 #
Proposal for a regulation Article 15 – paragraph 4 (4) The enforcement authority that receives the complaint shall inform the complainant within a
Amendment 367 #
Proposal for a regulation Article 15 – paragraph 4 4. The enforcement authority that receives the complaint shall inform the complainant within
Amendment 368 #
Proposal for a regulation 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
Amendment 369 #
Proposal for a regulation 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
Amendment 370 #
Proposal for a regulation 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
Amendment 371 #
Proposal for a regulation 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
Amendment 372 #
Proposal for a regulation Article 15 – paragraph 7 a (new) 7a. European Commission shall design, through an implementing act, a standard complaint form available in all EU languages that shall be available on the website or otherwise provided by the enforcement authority in every Member State.
Amendment 373 #
Proposal for a regulation 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 374 #
Proposal for a regulation Article 16 – paragraph 1 1. Without prejudice to the right of creditors to submit complaints under Article 15, and to the obligations and powers of enforcement authorities laid down in Articles 13, 14, and 15, Member States shall promote the voluntary use of effective and independent alternative dispute resolution mechanisms for the settlement of disputes between debtors and creditors. Notwithstanding the provisions of Articles 5(3), 8(3), and 9(1) point (b) of this Regulation, parties, including public entities, may engage in negotiations to reach an amicable settlement regarding disputed debts. Such settlements may involve the adjustment of interest and compensation claims, provided they are in compliance with the principles of fairness and do not unduly disadvantage the creditor.
Amendment 375 #
Proposal for a regulation 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) 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 377 #
Proposal for a regulation Article 16 – paragraph 2 a (new) 2a. Member States may designate their respective chambers of commerce and industry as bodies responsible for alternative dispute resolution.
Amendment 378 #
Proposal for a regulation Article 17 – paragraph 1 1.
Amendment 379 #
Proposal for a regulation Article 17 – paragraph 1 1. To the extent
Amendment 380 #
Proposal for a regulation Article 17 – paragraph 1 1.
Amendment 381 #
Proposal for a regulation Article 17 – paragraph 2 2. Member States shall ensure that credit management tools, including factoring and similar 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 382 #
Proposal for a regulation Article 17 – paragraph 2 2. Member States shall ensure that credit management tools
Amendment 383 #
Proposal for a regulation 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 384 #
Proposal for a regulation Article 17 – paragraph 2 2. Member States shall ensure that credit management tools, invoice management tools 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 385 #
Proposal for a regulation Article 17 – paragraph 2 2. Member States shall ensure that credit management tools, including factoring 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 386 #
Proposal for a regulation Article 17 – paragraph 2 a (new) 2a. The Commission shall provide guidelines on the implementation of the requirements set out in Article 17, including potential funding and support mechanisms to assist Member States, especially those with lower levels of digitalisation.
Amendment 387 #
Proposal for a regulation Article 17 a (new) Article 17a Amendments to Regulation (EC) No 1896/2006 Regulation (EC) No 1896/2006 is amended as follows: (1) Article 7 is amended as follows: (a) paragraph 5 is replaced by the following: "The application shall be submitted electronically." (b) paragraph 6 is replaced by the following: "The application shall be signed electronically in accordance with Article [2(2)] of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market . This signature shall be recognized in the Member State of origin without any further conditions being imposed. Member States shall introduce alternative electronic communication systems that allow secure identification of users. In this case, an electronic signature shall not be required." (2) Article 12(1) is amended as follows: "If the conditions set out in Article 8 are fulfilled, the court shall issue a European order for payment using form E as set out in Annex V within 14 days of the lodging of an application. In calculating the 14- day period, the time taken by the claimant to complete, correct or amend the application shall not be taken into account." (3) Article 16(2) is amended as follows: "The statement of opposition shall be sent to the defendant within 14 days from the date of service of the order for payment."
Amendment 388 #
Proposal for a regulation Article 17 a (new) Article 17a European Observatory of late payment 1. The Commission shall set up an Observatory of Late Payment (The Observatory) by ... [OP: date of application of this Regulation]. 2. The Observatory shall monitor payment as well as late payment practices within the Union in order to collect and share expertise, best practices and identify potential harmful practices with a view to provide the Commission with advice and expertise on the evolution of payment and late payment practices. 3. The Observatory shall be able to issue opinions or written contributions related to the implementation of this Regulation. 4. The Observatory shall be chaired by the Commission and shall be composed of representatives of relevant experts and stakeholders. The composition of the board shall ensure a balanced representation of all interested stakeholders.
Amendment 389 #
Proposal for a regulation Article 17 b (new) Article 17b Amendments to Regulation (EC) No 861/2007 Regulation (EC) No 861/2007 is amended as follows: (1) Article 7 is amended as follows: (a) paragraph 1 is replaced by the following: "Within 14 days of receiving the defendant's or claimant's replies within the time limit laid down in Article 5(3) or (6), the court shall give judgment or proceed as follows: (a) invite the parties to provide further information relating to the claim within a specified period, which shall not exceed 14 days; (b) take evidence in accordance with Article 9; c) summon the parties to an oral hearing, which shall take place within 14 days of the summons." (b) paragraph 2 shall be replaced by the following: "Member States shall introduce alternative electronic communication systems that allow secure identification of users. In this case, an electronic signature shall not be required." 2. The following paragraph 5 shall be added to Article 13: "5. The documents referred to in Article 5(2) and (6) and judgments given in accordance with Article 7 shall be served by electronic means from 1 January 2027. Service shall be evidenced by an acknowledgement of receipt stating the date of receipt. All correspondence other than that referred to in paragraph 1 between the court and the parties or other persons involved in the proceedings shall be transmitted by electronic means with acknowledgement of receipt. Member States shall provide the technical means necessary for this by 1 January 2027." 3. Article 18(2) is amended as follows; "The time limit for requesting a review of the judgment shall be 14 days. It shall commence on the day on which the defendant actually became aware of the content of the judgment and was in a position to act accordingly, but no later than the day of the first enforcement measure that resulted in the defendant's assets being wholly or partially withdrawn from his disposal. An extension of this period is excluded."
Amendment 391 #
Proposal for a regulation Article 18 – paragraph 1 By [OP: please insert the date =
Amendment 392 #
Proposal for a regulation Article 18 – paragraph 1 By [OP: please insert the date =
Amendment 393 #
Proposal for a regulation 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 394 #
Proposal for a regulation 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
Amendment 395 #
Proposal for a regulation Article 18 – paragraph 1 a (new) The report shall assess the following: a) the impact of this Regulation on the proper functioning of the Union’s internal market, including the competitiveness and growth; b) the impact of this Regulation on additional cash flow to the market ; c) the impact of this Regulation on costs to consumers within the Union; d) the payment culture, trends, average payment times, regulatory measures and their effectiveness in third countries and comparison of their effectiveness to this Regulation; e) the effectiveness of allowing executions of public authorities that do not pay on time; f) the long-term impact of restricting freedom of contracts on the competitiveness of the Union; g) the effectiveness to off-set overdue payments by tax or social security payments where the debtor is a public authority; h) the total number and the market share of voluntary market initiatives promoting payment culture per Member State, including assessment of their effectiveness; i) whether any EU voluntary prompt payment code is needed to effectively improve payment culture; j) whether any changes are needed to the requirements on information set out in Article 11a on Transparency reporting obligations, including cost-benefit analysis of requirements in Article 11a; k) whether it is user-friendly to find the information set out in Article 11a; l) the application of penalties and other administrative measures and, in particular, any need to further harmonise the administrative penalties provided for infringements of this Regulation; m) the costs of complying with this Regulation for undertakings per size category, including additional financing costs, as a percentage of operational costs; n) the number and amount of administrative fines and criminal penalties imposed according to or in relation with this Regulation classified by Member States; o) list of measures introduced in Member States according to Article 17, including analysis of effectiveness and identification of best practices.
Amendment 396 #
Proposal for a regulation 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 397 #
Proposal for a regulation Article 18 – paragraph 1 a (new) The evaluation referred to in paragraph 1 shall be carried out, in particular, with a view to assessing the need to gradually introduce mandatory e-invoicing.
Amendment 398 #
Proposal for a regulation Article 19 – paragraph 2 a (new) However, from [the date of application of this Regulation] until [24 months after the entry into force of this Regulation], it shall continue to apply to the situations where micro-undertakings referred to in Article 2(3) of the Annex to Recommendation 2003/361/EC are debtors.
Amendment 399 #
Proposal for a regulation Article 20 – paragraph 2 2. It shall apply from [OP: please insert the date =
Amendment 400 #
Proposal for a regulation Article 20 – paragraph 2 2. It shall apply from [OP: please insert the date =
Amendment 401 #
Proposal for a regulation Article 20 – paragraph 2 2. It shall apply from [OP: please insert the date =
Amendment 402 #
Proposal for a regulation Article 20 – paragraph 2 2. It shall apply from ... [OP: Please insert the date =
Amendment 403 #
Proposal for a regulation Article 20 – paragraph 2 2. It shall apply from [OP: please insert the date =
Amendment 404 #
Proposal for a regulation Article 20 – paragraph 3 3. Co
Amendment 405 #
Proposal for a regulation Article 20 – paragraph 4 source: 757.363
2023/12/18
IMCO
198 amendments...
Amendment 100 #
Proposal for a regulation Article premier – paragraph 3 – point a a (new) (aa) payments made for goods and services benefiting from Article 164 of Directive 2006/112/EC and exported to third countries;
Amendment 101 #
Proposal for a regulation Article 1 – paragraph 3 – point b (b) payments made as compensation for damages, including payments from insurance companies, excluding compensation for recovery costs under Article 8;
Amendment 102 #
Proposal for a regulation Article 1 – paragraph 3 – point b (b) payments made as compensation for damages
Amendment 103 #
Proposal for a regulation Article 1 – paragraph 3 – point c (c) payments resulting from obligations towards private debtors that can be cancelled, postponed, or waived under or in relation to insolvency proceedings or restructuring proceedings, including preventive restructuring proceedings under Directive (EU) 2019/102355 of the European Parliament and of the Council. __________________ 55 Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (OJ L 172, 26.6.2019, p. 18).
Amendment 104 #
Proposal for a regulation Article 1 – paragraph 3 – point c a (new) (ca) payments resulting from the purchase, sale, delivery, commission or agency operations contributing to the manufacture of books, as well as for the supply of paper and other consumables dedicated to the printing, binding or publishing of books,– in their special position as slow-moving, cultural products – where the payment terms shall be defined by agreement between the concerned parties.
Amendment 105 #
Proposal for a regulation Article 1 – paragraph 3 – subparagraph 1 (new) Notwithstanding point (b), payments made as performance of the obligations stemming from insurance contracts shall be covered by this Regulation.
Amendment 106 #
Proposal for a regulation Article premier – paragraph 3 – point c a (new) (ca) payments made for goods and services under Article 164 of Directive 2006/112/EC and exported outside the European Union.
Amendment 107 #
Proposal for a regulation Article 1 – paragraph 4 Amendment 108 #
Proposal for a regulation Article premier – paragraph 4 4. With the exception of Article 3(1), this Regulation shall not affect the provisions laid down in Directive (EU) 2019/633 or the provisions laid down in Regulation (EU) 1308/2013.
Amendment 109 #
Proposal for a regulation Article premier – paragraph 4 4. With the exception of Article 3(1), this Regulation shall not affect the provisions laid down in Regulation (EU) 1308/2013 and Directive (EU) 2019/633.
Amendment 110 #
Proposal for a regulation Article 1 – paragraph 4 4.
Amendment 111 #
Proposal for a regulation Article 1 – paragraph 4 4.
Amendment 112 #
Proposal for a regulation Article 1 – paragraph 4 4.
Amendment 113 #
Proposal for a regulation Article 2 – paragraph 1 – point -1 (new) (-1) ‘commercial transactions’ means transactions between undertakings or between undertakings and public authorities which lead to the delivery of goods or the provision of services for remuneration;
Amendment 114 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘small- and medium-sized undertaking’ means any organi
Amendment 115 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 a (new) (1a) ‘large undertaking’ means any organization not falling under the definition of Article 2(1), point (1);
Amendment 116 #
Proposal for a regulation 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 117 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 b (new) (1b) ‘grossly unfair’ refers to a contractual term or practice causing the bargaining power between the debtor and the creditor to be unbalanced, considering the following circumstances: (a) any gross deviation from good commercial practice, contrary to good faith and fair dealing; (b) the nature of the product or the service; and (c) whether the debtor has any objective reason to deviate from the payment period as referred to in Article 3.
Amendment 118 #
Proposal for a regulation 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 119 #
Proposal for a regulation 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 120 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 (3) ‘late payment’ means payment not made within the contractual or statutory payment period as set out in Article 3 or a delay as set out in Article 5(1);
Amendment 121 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 (3) ‘late payment’ means payment of the amount due that is not made within the contractual or statutory payment period as set out in Article 3;
Amendment 122 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 (3) ‘late payment’ means payment of the amount due that is not made within the contractual or statutory payment period as set out in Article 3;
Amendment 123 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 a (new) (3a) ‘payment document’ means any invoice, credit note or equivalent request for payment;
Amendment 124 #
Proposal for a regulation 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 125 #
Proposal for a regulation 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 126 #
Proposal for a regulation 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 verification of the correctness and conformity of the invoice;
Amendment 127 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 (8) ‘debtor‘ means any natural or legal person or any public authority that owes a payment beyond the payment period set out in Article 3 for a good delivered or a service provided;
Amendment 128 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘creditor‘ means any natural or legal person or any public authority that
Amendment 129 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘creditor‘ means any natural or legal person
Amendment 130 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 a (new) (9a) ‘slow-moving products’ means slow-moving products other than food and consumer products, where slow-moving is defined as the product being in the retailer’s possession, from actual supply by the manufacturer or wholesaler to final retail sale, for more than 60 days on average;
Amendment 131 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 a (new) (9a) ‘means of payment’ means the instrument used to settle the invoice, which will not entail a cost to the creditor as set out in Article 3(2).
Amendment 132 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 a (new) (9a) ‘micro, small and medium-sized enterprises (SMEs)’ means any entity as defined in the Commission Recommendation 2003/361/EC;
Amendment 133 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 a (new) (9a) ‘seasonal products’ means any product whose demand increases significantly at certain times or seasons of the year;
Amendment 134 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 a (new) (9a) ‘payment document’ means any invoice, credit note or equivalent request for payment;
Amendment 135 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 b (new) (9b) ‘low-rotation products’ means any product characterised by being held by the seller, from supply to final retail sale, for an average period of more than 60 days.
Amendment 136 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 b (new) (9b) ‘means of payment’ means the instrument used to settle the invoice, which will not entail a cost to the creditor as set out in Article 3(2).
Amendment 137 #
Proposal for a regulation Article 3 – title Payment periods in transactions between undertakings and public authorities
Amendment 138 #
Proposal for a regulation Article 3 – title Payment periods between public authorities and undertakings
Amendment 139 #
Proposal for a regulation Article 3 – paragraph 1 1. In commercial transactions where debtor is a public authority, 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.
Amendment 140 #
Proposal for a regulation Article 3 – paragraph 1 1. In commercial transactions, the payment period shall not exceed
Amendment 141 #
Proposal for a regulation Article 3 – paragraph 1 1. In commercial transactions between large undertakings and small and medium-sized undertakings, 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.
Amendment 142 #
Proposal for a regulation 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 143 #
Proposal for a regulation 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 agree on longer payment periods unless the debtor is a contracting authority or a large undertaking in the meaning of Directive (EU) 2013/34 and the debtor a VSE or PME. 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 144 #
Proposal for a regulation Article 3 – paragraph 1 1. In commercial transactions between SMEs, SMEs and large undertakings or undertakings and public authorities, where the public authority is the debtor, 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 also apply both to the transactions between undertakings and between public authorities and undertakings, unless the parties agree otherwise in clear and unambiguous terms in the contract. The same payment period shall also apply to the supply of non-
Amendment 145 #
Proposal for a regulation 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. 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
Amendment 146 #
Proposal for a regulation 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. Where the date of the receipt of the invoice or the equivalent request for payment is uncertain, the payment period shall be 30 calendar days after the date of receipt of 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-
Amendment 147 #
Proposal for a regulation 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 148 #
Proposal for a regulation 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 149 #
Proposal for a regulation Article 3 – paragraph 1 1. The payment period for transactions between public authorities and undertakings shall not exceed 30 calendar days. 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. The same payment period shall also apply to the supply of non-
Amendment 150 #
Proposal for a regulation Article 3 – paragraph 1 1. In commercial transactions, the payment period shall not exceed
Amendment 151 #
Proposal for a regulation 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 and without prejudice to the provisions laid down in Article 10 of this Regulation. 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 152 #
Proposal for a regulation Article 3 – paragraph 1 1. In commercial transactions between public authorities and undertakings, where the public authority is the debtor, 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
Amendment 153 #
Proposal for a regulation Article 3 – paragraph 1 1. In commercial transactions between undertakings, the payment period shall not exceed
Amendment 154 #
Proposal for a regulation 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 in accordance with contractual agreement. 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 155 #
Proposal for a regulation Article 3 – paragraph 1 1. In commercial transactions, the payment period shall not exceed 30
Amendment 156 #
Proposal for a regulation 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
Amendment 157 #
Proposal for a regulation 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
Amendment 158 #
Proposal for a regulation Article 3 – paragraph 1 – subparagraph 1 (new) This Regulation shall be without prejudice to the ability of parties to agree, subject to the relevant provisions of applicable national law, on payment schedules providing for instalments.
Amendment 159 #
Proposal for a regulation Article 3 – paragraph 1 – subparagraph 1 (new) In the case of start-ups and micro undertakings, the payment period shall not exceed 60 calendar days in the first year of application of this Regulation.
Amendment 160 #
Proposal for a regulation Article 3 – paragraph 1 a (new) 1a. In case of a dispute or doubt on the date of receipt of the invoice, the 30 working days payment period shall be deemed to have started 14 calendar days from the date of dispatch of the invoice.
Amendment 161 #
Proposal for a regulation 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 162 #
Proposal for a regulation Article 3 – paragraph 1 a (new) 1a. By way of derogation from paragraph 1, Member States may allow longer payment periods for products previously identified in conjunction with the relevant economic operators and bodies, taking into account their characteristics, such as the rate at which they are turned over. Where the payment periods for these products exceed 30 days, they shall be accompanied by financial compensation for the creditor that is equivalent to the deferral, mechanisms for discounting invoices and/or, where applicable, financial guarantees or instruments for securing payment. Such compensation, mechanisms and guarantees shall be proportionate to the payment period covered.
Amendment 163 #
Proposal for a regulation Article 3 – paragraph 1 a (new) 1a. Notwithstanding the rights and obligations conferred by this Regulation, the provisions of this Article shall not apply to contracts of consignment where a consignment contract refers to an agreement wherein a seller (consignor) entrusts goods to an individual or entity (consignee) for the purpose of selling them. The consignee, upon selling the goods, shall remit the agreed-upon price to the consignor, deducting an agreed-upon commission. Any unsold goods may be returned to the consignor, as stipulated in the consignment agreement. This exemption from this Regulation is specific to contracts of consignment and does not affect the applicability of other relevant laws or regulations.
Amendment 164 #
Proposal for a regulation Article 3 – paragraph 1 a (new) 1a. By way of derogation from paragraph 1, where the debtor is not 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 in the meaning of Commission Recommendation 2003/361/EC, the undertakings may agree a longer payment period. Where applicable, such derogatory payment periods, shall be agreed at national level for specific sectors, and shall be objectively justified by the specific features of the goods and services in these sectors, for example in case of seasonal sales, low turnover of stocks of goods, or in case of slow-moving cultural products with unique operating cycles.
Amendment 165 #
Proposal for a regulation Article 3 – paragraph 1 a (new) 1a. Without prejudice to paragraph 1, micro-undertakings, which provide goods or services to undertakings that do not fall under the definition of micro, small, and medium-sized enterprises as defined in the Commission Recommendation 2003/361/EC, shall send the invoice together with the goods or services.
Amendment 166 #
Proposal for a regulation Article 3 – paragraph 1 a (new) 1a. In commercial transactions where the debtor is a public authority, 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.
Amendment 167 #
Proposal for a regulation Article 3 – paragraph 1 a (new) 1a. No means of payment for goods or services shall be used to alter the payment period.
Amendment 168 #
Proposal for a regulation Article 3 – paragraph 2 Amendment 169 #
Proposal for a regulation Article 3 – paragraph 2 Amendment 170 #
Proposal for a regulation Article 3 – paragraph 2 2. A procedure of acceptance or verification may be exceptionally provided for in national law only where strictly necessary due to the specific nature of the goods or services. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its duration. Member States shall draw up lists of goods and services that shall be subject to a procedure of acceptance and verification.
Amendment 171 #
Proposal for a regulation Article 3 – paragraph 2 2. A procedure of acceptance or verification may be
Amendment 172 #
Proposal for a regulation Article 3 – paragraph 2 2. A procedure of acceptance or verification may be
Amendment 173 #
Proposal for a regulation Article 3 – paragraph 2 2. A procedure of acceptance or verification may be exceptionally provided for undertakings different from public authorities in national law only where strictly necessary due to the specific nature of the goods or services. In that case, the
Amendment 174 #
Proposal for a regulation Article 3 – paragraph 2 2.
Amendment 175 #
Proposal for a regulation Article 3 – paragraph 2 2. A procedure of acceptance or verification may be
Amendment 176 #
Proposal for a regulation Article 3 – paragraph 2 2. A procedure of acceptance or verification may be
Amendment 177 #
Proposal for a regulation Article 3 – paragraph 2 2. A procedure of acceptance or verification may be
Amendment 178 #
Proposal for a regulation Article 3 – paragraph 3 Amendment 179 #
Proposal for a regulation 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
Amendment 180 #
Proposal for a regulation 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 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 days after such procedure has taken place. Large undertakings may agree on a payment period of more than 30 calendar days after the receipt of the invoice. This agreement shall be stated in clear and unambiguous terms in the contract between the debtor and the creditor.
Amendment 181 #
Proposal for a regulation Article 3 – paragraph 3 3. Where the contract provides for a procedure of acceptance or verification,
Amendment 182 #
Proposal for a regulation Article 3 – paragraph 3 3. Where the contract provides for a procedure of acceptance or verification,
Amendment 183 #
Proposal for a regulation 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 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, unless otherwise expressly agreed in the contract and provided it is not grossly unfair to the creditor within the meaning of Article 9. 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.
Amendment 184 #
Proposal for a regulation 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
Amendment 185 #
Proposal for a regulation Article 3 – paragraph 3 a (new) 3a. By way of derogation from paragraph 1, longer payment periods may be agreed between the parties, provided that such extension is not grossly unfair to the creditor or provided that the period is objectively justified by the specific nature of the economic activity.
Amendment 186 #
Proposal for a regulation Article 3 – paragraph 3 a (new) (3a) However, longer payment deadlines may be established in the form of reciprocal agreements between parties engaged in the production and retail of slow-moving cultural products with unique operating cycles and stock rotation.
Amendment 187 #
Proposal for a regulation Article 3 – paragraph 4 4. The payment period set out in paragraph 1 is
Amendment 188 #
Proposal for a regulation Article 3 – paragraph 4 4. The payment period set out in paragraph 1 is
Amendment 189 #
Proposal for a regulation Article 3 – paragraph 4 4. The payment period set out in paragraph 1 is
Amendment 190 #
Proposal for a regulation Article 3 – paragraph 4 4. The payment period set out in paragraph 1 is the maximum payment period and is without prejudice to a shorter period which may be provided for in national law. An exceptional payment period may also be agreed on at national level by industry agreement to take account of the specific features of the economic activity in the event of seasonal variation in sales or low turnover of stocks of goods.
Amendment 191 #
Proposal for a regulation Article 3 – paragraph 4 a (new) 4a. Member States shall ensure that an undertaking which is a creditor within the meaning of Article 2(9) is able to obtain upon request to the public authority which has not paid the amount due within the maximum payment period set out in paragraph 1, the offsetting of the amount due against any outstanding amount that the creditor has towards the same public authority.
Amendment 192 #
Proposal for a regulation 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 193 #
Proposal for a regulation 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 194 #
Proposal for a regulation Article 3 – paragraph 4 a (new) 4a. Nevertheless, longer payment terms may be defined by mutual agreements between the parties which are engaged in the production and retail of slow-moving, cultural products, with unique operating cycles and stock rotation of goods.
Amendment 195 #
Proposal for a regulation Article 3 – paragraph 4 a (new) 4a. Nevertheless, longer payment terms may be defined by mutual agreements between the parties which are engaged in the production and retail of slow-moving, cultural products, with unique operating cycles and stock rotation of goods.
Amendment 196 #
Proposal for a regulation Article 3 – paragraph 4 a (new) 4a. 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 197 #
Proposal for a regulation Article 3 – paragraph 4 a (new) 4a. Member States shall stimulate payment control by ensuring the necessary infrastructure to deploy electronic invoicing for all undertakings.
Amendment 198 #
Proposal for a regulation Article 3 – paragraph 4 a (new) 4a. No means of payment for goods or services shall be used to unduly change the payment period.
Amendment 199 #
Proposal for a regulation 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 200 #
Proposal for a regulation 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 201 #
Proposal for a regulation 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 202 #
Proposal for a regulation Article 3 – paragraph 4 b (new) 4b. Paragraph 1 does not apply to the book sector.
Amendment 203 #
Proposal for a regulation Article 3 a (new) Article 3a Payment periods between undertakings 1. In commercial transactions between undertakings, the maximum payment period shall be 30 calendar days starting from the day the payment request has been received by the debtor, under the condition that the goods or services have been received by the debtor. Payment periods may be extended beyond the 30 calendar days limit under the condition that sufficient justification and a mutual agreement on this by the parties are included in the contract without any ambiguities. Unless Member States provide for a shorter payment period for such products, the same payment period shall apply on a regular as well as non- regular basis to the supply of non- perishable agricultural and food products 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. 2. Member States' national laws may provide for procedures of acceptance or verification only in cases where the specific nature of the goods or services necessitates them. If that is the case, detailed information on the procedure of acceptance or verification, including its duration, shall be included in the contract. 3. If the contract includes a procedure of acceptance or verification, in line with paragraph 2, the maximum duration of the procedure shall not exceed 30 calendar days starting from the date the debtor receives the goods or services, including in cases where these goods or services are supplied before the request for payment. Verification periods may exceed 30 calendar days under the condition that sufficient justification and a mutual agreement by the parties is clearly stated in the contract without any ambiguities. The procedure for acceptance or verification shall be initiated by the debtor immediately after receiving the goods and/or the services that are the object of the commercial transaction. The maximum payment period shall be 30 calendar days starting from the date such procedure has taken place, with the exception of different terms agreed under paragraph 1. 4. The payment period as set out in paragraph 1 is without prejudice to any shorter periods provided by Member States' national law.
Amendment 204 #
Proposal for a regulation Article 3 a (new) Article 3a Payment periods between undertakings 1. In commercial transactions between undertakings, 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. If justified and agreed between the parties in the contract in clear and unambiguous terms, payment periods may exceed 30 calendar days. This extension may not represent an unfair practice. This period shall apply to the transactions between 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. 2. A procedure of acceptance or verification may be provided for in national law only where necessary due to the specific nature of the goods or services. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its duration. 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 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. If justified and agreed between the parties in the contract in clear and unambiguous terms, verification periods may exceed 30 calendar days. This extension may not represent an unfair practice. 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 days after such procedure has taken place, with the exception of different terms agreed under Article 4(1). 4. The payment period set out in paragraph 1 is the maximum payment period and is without prejudice to a shorter period which may be provided for in national law.
Amendment 205 #
Proposal for a regulation Article 3 a (new) Article 3a Payment periods in transactions between undertakings 1. In commercial transactions between undertakings, the payment period shall not exceed 30 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. If objectively justified and agreed between the parties in the contract in clear and unambiguous terms, the payment periods may exceed 30 days. This extension may not represent an unfair practice. 2. A procedure of acceptance or verification may be provided for in national law. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its duration. 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 30 days from the date of receipt of the goods or services by the debtor, unless objectively justified and agreed between the parties in the contract in clear and unambiguous terms. 4. The payment period set out in paragraph 1 is without prejudice to a shorter period which may be provided for in national law.
Amendment 206 #
Proposal for a regulation Article 4 Amendment 207 #
Proposal for a regulation Article 4 Amendment 208 #
Proposal for a regulation Article 4 Amendment 209 #
Proposal for a regulation Article 4 – paragraph 1 1. For public works contracts falling within the scope of Directives 2014/23/EU, 2014/24/EU, 2014/25/EU, and 2009/81/EC56 of the European Parliament and of the Council, contractors shall provide evidence to contracting authorities or contracting entities within the meaning of those Directives that, where applicable, they have paid their direct subcontractors involved in the execution of the contract within the deadlines set out in Article 3 of this Regulation and under the conditions set out in this Regulation. The evidence
Amendment 210 #
Proposal for a regulation Article 4 – paragraph 1 (1) For public works contracts falling within the scope of Directives 2014/23/EU, 2014/24/EU, 2014/25/EU, and 2009/81/EC of the European Parliament and of the Council, contractors shall provide evidence to contracting authorities or contracting entities within the meaning of those Directives that, where applicable, they have paid their direct subcontractors involved in the execution of the contract within the deadlines and under the conditions set out in this Regulation. The evidence
Amendment 211 #
Proposal for a regulation Article 4 – paragraph 1 1. For public works contracts falling within the scope of Directives 2014/23/EU, 2014/24/EU, 2014/25/EU, and 2009/81/EC56 of the European Parliament and of the Council, contractors shall provide evidence to contracting authorities or contracting entities within the meaning of those Directives that, where applicable, they have paid their direct subcontractors involved in the execution of the contract within the deadlines and under the conditions set out in this Regulation. The evidence may take the form of a written declaration by the contractor and shall be provided by the contractor to the contracting authority or contracting entity prior to, or at the latest together with, any request for payment.
Amendment 212 #
Proposal for a regulation Article 4 – paragraph 1 1. For public works contracts falling within the scope of Directives 2014/23/EU, 2014/24/EU, 2014/25/EU, and 2009/81/EC56 of the European Parliament and of the Council, contractors shall provide evidence to contracting authorities or contracting entities within the meaning of those Directives that, where applicable, they have paid their direct subcontractors involved in the execution of the contract, for the tasks that direct subcontractors have performed according to the contract or tender specifications, within the deadlines and under the conditions set out in this Regulation. The evidence may take the form of a written declaration by the contractor and shall be provided by the contractor to the contracting authority or contracting entity prior to, or at the latest together with, any subsequent request for payment.
Amendment 213 #
Proposal for a regulation Article 4 – paragraph 1 1. For public works contracts falling within the scope of Directives 2014/23/EU, 2014/24/EU, 2014/25/EU, and 2009/81/EC56 of the European Parliament and of the Council, contractors shall provide evidence to contracting authorities or contracting entities within the meaning of those Directives that
Amendment 214 #
Proposal for a regulation 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 215 #
Proposal for a regulation 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 216 #
Proposal for a regulation Article 4 – paragraph 2 a (new) 2a. Member States may make it possible for an undertaking that is a creditor in the meaning of Article 2(9) of this Regulation to be able to request that a contracting authority that has not paid the amount owed within the period established in Article 3 of this Regulation offset the amount owed to the undertaking by reducing what the undertaking owes the public authorities for other reasons by an equivalent amount.
Amendment 217 #
Proposal for a regulation Article 4 – paragraph 2 a (new) 2a. Member States shall ensure that, for public works contracts referred to in paragraph 1, contracting authorities include in the contract notice a demerit criterion for undertakings to which measures referred to in Article 14(1)(d) have been addressed and which have not been challenged within the time limits laid down by relevant legislation or upheld by judicial or administrative review.
Amendment 218 #
Proposal for a regulation Article 4 – paragraph 2 a (new) (2a) Where a contracting entity repeatedly fails to honour the payment deadlines in respect of subcontractors, it shall be excluded from participating in any new public procurement procedures.
Amendment 219 #
Proposal for a regulation Article 4 – paragraph 2 a (new) 2a. This Article shall apply without prejudice to the creditor’s rights, which may be provided for in national law.
Amendment 220 #
Proposal for a regulation Article 4 – paragraph 2 b (new) 2b. For public works contracts falling within the scope of Directives 2014/23/EU, 2014/24/EU, 2014/25/EU and 2009/81/EC, Member States shall ensure that an undertaking which is a creditor within the meaning of Article 2(9) is able to obtain, upon request to the contracting authority which has not paid the amount due within the maximum payment period set out in Article 3 (1), the offsetting of the amount due against any outstanding amount that the creditor has towards the same public authority.
Amendment 221 #
Proposal for a regulation Article 4 – paragraph 2 b (new) (2b) Member States shall guarantee the right to offset tax and social security liabilities against any outstanding amounts owed to small and medium-sized enterprises (SMEs) due to late payment by public authorities in respect of public procurement contracts. Member States shall exempt SMEs from paying any tax, including on works undertaken or services rendered, until they receive such payment.
Amendment 222 #
Proposal for a regulation 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 223 #
Proposal for a regulation 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 26 #
Proposal for a regulation Recital 2 (2) Many payments in commercial transactions between economic operators or between economic operators and public authorities are made later than agreed in the contract or laid down in the general commercial conditions or by law, although the goods are delivered or the services provided.
Amendment 27 #
Proposal for a regulation Recital 3 (3) Late payments and deferred payments beyond the periods established by law directly affect liquidity and predictability of cash flows, thus increasing working capital needs and compromising
Amendment 28 #
Proposal for a regulation Recital 3 (3) Late payments directly affect liquidity and predictability of cash flows, thus increasing working capital needs and compromising a company’s access to external financing. This affects competitiveness, reduces productivity, leads to redundancies, increases the likelihood of insolvencies and bankruptcies and is a critical barrier for growth. The damaging effects of late payments spread along supply chains, as the payment delay is often passed onto suppliers. Small and medium sized enterprises (SMEs)
Amendment 29 #
Proposal for a regulation Recital 3 (3) Late payments directly affect liquidity and predictability of cash flows, thus increasing working capital needs and compromising a company’s access to external financing. This affects competitiveness, reduces productivity, leads to redundancies, increases the likelihood of insolvencies and bankruptcies and is a critical barrier for growth. The damaging effects of late payments spread along supply chains, as the payment delay is often passed onto suppliers. Small and medium sized enterprises (SMEs) and micro-enterprises, wh
Amendment 30 #
Proposal for a regulation Recital 3 a (new) (3a) The sector engaged in the production, distribution and retail of slow-moving, cultural products, has a unique organisation within the broader retail landscape; a business model that benefits all involved parties by accounting for the structure of the creative and cultural sectors as keepers of large stocks with unique, slow operating cycles and stock rotation; a business model adapted to the distinctive traits of slow-moving and slow-selling cultural products with intrinsic value, unparalleled in other types of retail.
Amendment 31 #
Proposal for a regulation Recital 4 (4)
Amendment 32 #
Proposal for a regulation Recital 6 (6) Directive 2011/7/EU of the European Parliament and of the Council40 lays down rules to combat late payment in commercial transactions. In 2019, the European Parliament identified several shortcomings of that Directive. The SME Strategy for a sustainable and digital Europe41 called for ensuring a ‘late- payment-free’ environment for SMEs and strengthening the enforcement of Directive 2011/7/EU. In 2021, the Fit for Future Platform highlighted critical issues in the implementation of that Directive in its opinion. The main shortcomings identified in these initiatives are related to: the ambiguous provisions on ‘grossly unfair’ regarding the deadlines for payment in business to business transactions (B2B), the unfair payment practices and the deadlines for the procedures of acceptance and verification; the flat fee compensation; the asymmetry of rules for payments terms between G2B and B2B transactions; the asymmetries in bargaining power between large and more powerful debtors and small creditors; the lack of a maximum payment term for commercial transactions in B2B transactions; the lack of monitoring of compliance and enforcement; the absence of tools to combat the asymmetries of information; as well as tools for creditors to take action against their debtors, and the lack of synergies with the public procurement framework.
Amendment 33 #
Proposal for a regulation 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
Amendment 34 #
Proposal for a regulation 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 35 #
Proposal for a regulation Recital 9 a (new) (9a) The sector concerned with the production, distribution and retailing of slow-moving cultural products has a unique structure within the broader retail landscape. It constitutes a business model which benefits all parties involved by viewing the creative and cultural sectors as being structured as holding large stocks of products with unique, slow operating cycles and stock rotation. It is a business model tailored to the distinctive features of cultural products of intrinsic value, which move and sell slowly, and which has no equivalent in other types of retail trade.
Amendment 36 #
Proposal for a regulation Recital 9 a (new) (9a) The sector engaged in the production, distribution and retail of slow-moving, cultural products, has a unique organisation within the broader retail landscape; a business model that benefits all involved parties by accounting for the structure of the creative and cultural sectors as keepers of large stocks with unique, slow operating cycles and stock rotation; a business model adapted to the distinctive traits of slow-moving and slow-selling cultural products with intrinsic value, unparalleled in other types of retail.
Amendment 37 #
Proposal for a regulation Recital 9 b (new) (9b) The sector engaged in the production, distribution and retail of books has a unique organisation within the broader retail landscape; having developed over decades a balanced business model employing long and flexible payment terms with the main aim of providing a diverse offer of books that enriches European culture; a business model that benefits all involved parties by accounting for the singular structure of bookshops as keepers of large stocks of thousands of unique titles, with infrequent stock rotation; a business model adapted to the distinctive traits of the trade of books, recognising books as slow-moving and slow-selling cultural products with intrinsic value, unparalleled in other types of retail.
Amendment 38 #
Proposal for a regulation Recital 10 (10) Transactions with consumers, payments made as compensation for damages
Amendment 39 #
Proposal for a regulation Recital 10 (10) Transactions with consumers, payments made as compensation for damages, including payments from insurance companies, interests in connection with other payments, for instance payments under the laws on cheques and bills of exchange, and obligations to pay that can be cancelled, postponed, or waived under or in relation to insolvency proceedings or restructuring proceedings, including preventive restructuring proceedings under Directive (EU) 2019/102342 of the European Parliament and of the Council, should be excluded from the scope of this Regulation.
Amendment 40 #
Proposal for a regulation 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.
Amendment 41 #
Proposal for a regulation 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
Amendment 42 #
Proposal for a regulation 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 and G2B transactions, where the public authority is the debtor. This shift is also needed to limit the so-called ‘fear factor’ that micro and small undertakings suffer when they have a credit with bigger companies and that often brings such creditors to tolerate late payment against the promise of future business.
Amendment 43 #
Proposal for a regulation 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 debtor is a large undertaking in the meaning of Article 3(4) of Directive (EU) 2016/34 and G2B transactions, where the public authority is the debtor, whether in the context of public procurement or otherwise.
Amendment 44 #
Proposal for a regulation 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
Amendment 45 #
Proposal for a regulation 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
Amendment 46 #
Proposal for a regulation 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
Amendment 47 #
Proposal for a regulation Recital 11 a (new) (11a) National laws already provide flexibility for debtors, since the allowed time period between the receipt of the goods and services and the receipt of the invoice varies across Member States. Therefore, such a time period allows debtors to have more than 30 calendar days to pay their creditors from the moment they receive the goods or services and consequently from the moment they can use or sell such goods or services. In case where micro, small and medium undertakings are the debtors, this time period allows them to have more flexibility, in particular when dealing with slow moving goods or with goods that have a low turnover rate. However, where the creditors are micro-undertakings and the debtors are large undertakings, the asymmetry of bargaining power can bring about a significant extension of this time period in order to delay the final payment. To avoid this possibility and to allow micro-undertakings to be factually paid within 30 days by large undertakings, micro-undertakings should provide the invoice together with the goods and services.
Amendment 48 #
Proposal for a regulation Recital 11 a (new) (11a) However, there may be circumstances in which undertakings require longer payment periods, for example when undertakings wish to grant trade credit to their customers. It should therefore remain possible for the parties to expressly agree on longer payment periods, provided, however, that such an extension is not grossly unfair to the creditor.
Amendment 49 #
Proposal for a regulation 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 50 #
Proposal for a regulation Recital 11 a (new) (11a) Public authorities in particular should set an example of due payments for the rest of economic actors.
Amendment 51 #
Proposal for a regulation Recital 11 b (new) (11b) Sector-specific derogation rules have been shown to be effective for certain highly seasonal sectors (toys outside the Christmas period, ski equipment in summer, etc.) or for products that are inherently slow to sell (jewellery, machinery, expensive electronics, etc.). Member States and sectors may therefore choose to keep or establish sector-specific derogation rules for payment periods.
Amendment 52 #
Proposal for a regulation Recital 12 (12) The procedures of acceptance or verification for ascertaining the conformity of the goods or services provided with the requirements of the contract, as well as verification of the correctness and conformity of the invoice, are often used to delay intentionally the payment period. Their inclusion in the contract should therefore be objectively justified by the particular nature of the contract in question or by certain of its characteristics43 .
Amendment 53 #
Proposal for a regulation Recital 12 (12) The procedures of acceptance or verification for ascertaining the conformity of the goods or services provided with the requirements of the contract, as well as verification of the correctness and conformity of the invoice, are often used to delay intentionally the payment period. Their inclusion in the contract should therefore be objectively justified by the particular nature of the contract in question or by certain of its characteristics43 . It should therefore be possible to provide for such procedure of verification or acceptance in a contract only when provided for in national law where necessary, due to the specific nature of the goods or services. To avoid that the procedure of acceptance or verification is used to extend the payment period, the contract should clearly describe the details of such procedure, including its duration. For the same purpose, the debtor should initiate the verification or acceptance procedure immediately upon reception from the creditor of the goods and/or the services that are the object of the commercial transaction, regardless of whether the creditor has issued an invoice or equivalent request for payment. In those cases where the date of receipt of the invoice is difficult to prove by one of the parties, the debtor shall make the payment for the goods or services within 30 days upon reception from the creditor of the goods and/or services that are object of the commercial transaction. In order not to jeopardise the achievement of the objectives of this Regulation, it is appropriate to set a maximum duration of a procedure of acceptance or verification.
Amendment 54 #
Proposal for a regulation Recital 12 (12) The procedures of acceptance or verification for ascertaining the conformity of the goods or services provided with the requirements of the contract, as well as verification of the correctness and conformity of the invoice, are often used to delay intentionally the payment period. Their inclusion in the contract should therefore be objectively justified by the particular nature of the contract in question or by certain of its characteristics43 that would require an extensive and detailed verification. It should therefore be possible to provide for such procedure of verification or acceptance in a contract only when provided for in the national law of the Member State in which the creditor is established where necessary, due to the specific nature of the goods or services. To avoid that the procedure of acceptance or verification is used to extend the payment period, the contract should clearly describe the details of such procedure, including its duration. For the same purpose, the debtor should initiate the verification or acceptance procedure immediately upon reception from the creditor of the goods and/or the services that are the object of the commercial transaction, regardless of whether the creditor has issued an invoice or equivalent request for payment. In order not to jeopardise the achievement of the objectives of this Regulation, it is appropriate to set a maximum duration of a procedure of acceptance or verification.
Amendment 55 #
Proposal for a regulation Recital 13 (13) This Regulation should be without prejudice to shorter periods which may be provided for in national law, and which are more favourable to the creditor. Likewise, Member States, if they deem it appropriate, may provide for indirect forms of compensation for undertakings which are creditors within the meaning of Article 2(9) of this Regulation.
Amendment 56 #
Proposal for a regulation Recital 13 (13) This Regulation should be without prejudice to shorter or longer periods which may be provided for in national law
Amendment 57 #
Proposal for a regulation Recital 13 (13) This Regulation should be without prejudice to shorter or longer periods which may be provided for in national law
Amendment 58 #
Proposal for a regulation Recital 13 (13) This Regulation should be without prejudice to shorter or longer periods which may be provided for in national law
Amendment 59 #
Proposal for a regulation Recital 14 Amendment 60 #
Proposal for a regulation 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 and effective measures should be introduced 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. Particularly 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 (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
Amendment 62 #
Proposal for a regulation 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
Amendment 63 #
Proposal for a regulation 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
Amendment 64 #
Proposal for a regulation Recital 17 Amendment 65 #
Proposal for a regulation Recital 17 (17) It should
Amendment 66 #
Proposal for a regulation 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 67 #
Proposal for a regulation Recital 17 (17) It should not be possible for the creditor to waive its right to obtain interests for late payments, 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 not due to the debtor’s fault and this can be shown to be the case.
Amendment 68 #
Proposal for a regulation Recital 21 (21) Abuse of freedom of contract to the disadvantage of the creditor should be avoided.
Amendment 69 #
Proposal for a regulation 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
Amendment 70 #
Proposal for a regulation Recital 22 (22) To enhance the efforts to prevent the abuse of freedom of contract to the detriment of creditors, organisations officially recognised as representing creditors or organisations with a legitimate interest in representing undertakings should be able to take action before national courts or administrative bodies in order to prevent late payments and to end null and void contractual terms and practices.
Amendment 71 #
Proposal for a regulation Recital 23 (23) To guarantee full payment of the amount due,
Amendment 72 #
Proposal for a regulation Recital 23 (23) To guarantee full payment of the amount due, it is important to ensure that the seller as a creditor retains the title to goods until they are fully paid for, if a retention of title has been expressly agreed between the buyer a
Amendment 73 #
Proposal for a regulation 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 74 #
Proposal for a regulation Recital 24 (24) To ensure correct application of this Regulation, it is important to provide transparency regarding the rights and obligations as laid down by this Regulation. To ensure that the correct rates of interest are applied, it is important that they are made public by the Member States and the Commission. In order to contribute to the achievement of the objective of this Regulation, Member States should increase awareness of the remedies for late payment among undertakings through publications and campaigns and should foster the spread of good practices, including by encouraging the publication of a list of prompt payers.
Amendment 75 #
Proposal for a regulation Recital 24 (24) To ensure correct application of this Regulation, it is important to provide transparency regarding the rights and obligations as laid down by this Regulation. To ensure that the
Amendment 76 #
Proposal for a regulation Recital 25 (25) The sanctions for late payment can be dissuasive only if they are accompanied by procedures for redress which are rapid and effective for the creditor. Expedient recovery procedures for unchallenged claims should therefore be available to all creditors who are established in the Union, in accordance with the principle of non- discrimination set out in Article 18 of the Treaty on the Functioning of the European Union.
Amendment 77 #
Proposal for a regulation Recital 25 (25) The sanctions for late payment can be dissuasive only if they are accompanied by procedures for redress which are rapid and effective for the creditor. Expedient recovery procedures for unchallenged claims should therefore be available to all creditors who are established in the Union, as should the possibility of lodging an appeal with the Court of Arbitration.
Amendment 78 #
Proposal for a regulation 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, and be empowered, among other things, to impose sanctions and publish their decisions on a regular basis. The Commission shall oversee that enforcement authorities efficiently carry out the tasks conferred to them by this Regulation. In addition, for more effective enforcement, Member States should use digital tools to the extent possible.
Amendment 79 #
Proposal for a regulation 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, including anonymous complaints, 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 t
Amendment 80 #
Proposal for a regulation 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
Amendment 81 #
Proposal for a regulation Recital 28 (28) Invoices trigger requests for payment and are important documents in the chain of transactions for the supply of goods and services, inter alia, for determining payment deadlines. It is important to promote systems that give legal certainty as regards the exact date of receipt of invoices by the debtors, including in the field of e-invoicing where the receipt of invoices could generate electronic evidence and can also help improving compliance with VAT obligations, and which is partly governed by the provisions on invoicing contained in Council Directive 2006/112/EC49 and Directive 2014/55/EC50 of the European Parliament and the Council.
Amendment 82 #
Proposal for a regulation Recital 28 a (new) (28a) The gradual introduction of compulsory e-invoicing can reduce payment times, increase payment control and encourage the digital transition of SMEs. National authorities should support SMEs by ensuring adequate infrastructure and support.
Amendment 83 #
Proposal for a regulation Recital 29 (29) Effective access of undertakings, especially of SMEs, to credit management 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. To that end, Member States should provide for an appropriate budget allocation for those measures, allocating a share of the amounts raised by law enforcement authorities as penalties imposed for infringement of this Regulation.
Amendment 84 #
Proposal for a regulation Recital 29 (29) Effective access of undertakings, especially of SMEs, to credit management 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. To this end, Member States should guarantee adequate resources to these measures by allocating a portion of sanctions collected by enforcement authorities for breaches of this Regulation.
Amendment 85 #
Proposal for a regulation Recital 29 (29) Effective access of undertakings, especially of micro-enterprises and SMEs, to credit management 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, micro-enterprises and SMEs often lack the capacity to invest in such training, while very limited trainings and training material focusing on enhancing micro-enterprises’ and 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 micro-enterprises and SMEs, including on the use of digital tools for timely payments.
Amendment 86 #
Proposal for a regulation 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 87 #
Proposal for a regulation Recital 29 (29) Effective access of undertakings, especially of SMEs, to credit management, invoice management 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, invoice management and financial literacy trainings are available and accessible to SMEs, including on the use of digital tools for timely payments.
Amendment 88 #
Proposal for a regulation Recital 29 (29) Effective access of undertakings, especially of SMEs, to credit management 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 tools, including factoring and financial literacy trainings are available and accessible to SMEs, including on the use of digital tools for timely payments.
Amendment 89 #
Proposal for a regulation Recital 30 Amendment 90 #
Proposal for a regulation Recital 30 (30) Certain provisions in this Regulation are linked to the provisions in Directive (EU) 2019/633 of the European Parliament and of the Council51 and the provisions in Regulation (EU) 1308/2013. The relationship between Directives 2011/7/EU and (EU) 2019/633 is explained in recitals (17) and (18) and Article 3(1) of Directive (EU) 2019/633. As this Regulation replaces Directive 2011/7/EU, it should not affect the rules laid down in Directive (EU) 2019/633, including the provisions that are applicable to payments made in the context of the school scheme52, value-sharing agreements53 and certain payments for the sale of grapes, must and wine in bulk in the wine sector54 , except for the deadlines applicable to the maximum payment periods concerning the supply of non-
Amendment 91 #
Proposal for a regulation Recital 30 a (new) (30a) Transparency obligations where public authorities and large companies disclose information about their average payment periods could contribute to combating late payments in business transactions. Public authorities and large companies should disclose their average payment periods for settling invoices and receiving payments, thereby enhancing accountability. By empowering the market with crucial information, this register aims to facilitate fairer negotiations with price offer reflecting costs of potential late payment, improve market reputation for public authorities and companies with positive payment practices, and contribute to a cultural shift towards timely transactions. SMEs are encouraged but not obliged to do so, as it might represent a disproportionate administrative burden for them. Regulatory bodies should use the register to monitor legal compliance and foster effective government policies to address late payment challenges.
Amendment 92 #
Proposal for a regulation Recital 31 (31) The objectives of this Regulation are to combat late payment in commercial transactions, in order to ensure the proper functioning of the internal market, thereby fostering the competitiveness of undertakings and in particular of SMEs. Those objectives cannot be sufficiently achieved by the Member States, as implementing national solutions would likely result in a lack of uniform rules, fragmentation of the single market and higher costs for companies trading across borders. Therefore, those objectives can be better achieved at Union level. The Union may therefore adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty of European Union.
Amendment 93 #
Proposal for a regulation Recital 31 (31) The objectives of this Regulation are to combat late payment in commercial transactions, in order to ensure the proper functioning of the internal market, thereby fostering the competitiveness of undertakings and in particular of micro- enterprises and SMEs. Those objectives cannot be sufficiently achieved by the Member States, as implementing national solutions would likely result in a lack of uniform rules, fragmentation of the single market and higher costs for companies trading across borders. Therefore, those objectives can be better achieved at Union level. The Union may therefore adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives.
Amendment 94 #
Proposal for a regulation Recital 31 a (new) (31a) The Commission and Member States should review also other solutions to combat late payments outside this Regulation, for example, in order to address problems where big buyers, like large retailers or governments, use their purchasing power to force small sellers to accept their payment terms. Competition authorities could be more effective in handling individual cases. Perhaps even allowing enforcement against public bodies that do not pay on time should be assessed.
Amendment 95 #
Proposal for a regulation 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.
Amendment 97 #
Proposal for a regulation Article 1 – paragraph -1 (new) -1. The aim of this Regulation is to combat late payment in commercial transactions, in order to ensure the proper functioning of the internal market, thereby fostering the competitiveness of undertakings and in particular of micro- enterprises and SMEs.
Amendment 98 #
Proposal for a regulation Article 1 – paragraph 1 a (new) 1a. This Regulation shall not apply to transactions between large undertakings.
Amendment 99 #
Proposal for a regulation Article 1 – paragraph 1 a (new) 1a. This Regulation shall not apply to consignment agreements.
source: 757.130
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| committees/0/shadows/3 |
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| committees/1 |
Old
New
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| committees/2 |
Old
New
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2023-10-14Show (2) Changes | Timetravel
| docs/0 |
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| events/0/summary |
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2023-10-13Show (1) Changes | Timetravel
| committees/0/shadows/2 |
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2023-10-06Show (1) Changes | Timetravel
| forecasts |
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2023-10-04Show (3) Changes
| events/1 |
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| procedure/dossier_of_the_committee |
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| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |