Sittings · Document

Draft report (COM(2023)0533 – C90338/2023 – 2023/0323(COD)) 2023-12-18

Combating late payment in commercial transactions

Committee on the Internal Market and Consumer Protection

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AM_Com_LegReport

Amendment 26

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 27

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(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), who rely on regular and predictable streams of cash, are heavily affected by those negative consequences. Late payment thus represents a problem for the Union economy because of its negative economic and social consequences.

(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 profitability, when the creditor needs to obtain external financing because of late payment. This affects competitiveness, reduces productivity and hiring, leads to redundancies, increases the likelihood of insolvencies and bankruptcies and is a critical barrier for growth, also considering that inflation reduces the real value of credits over time. 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), who rely on regular and predictable streams of cash, are heavily affected by those negative consequences. Late payment thus represents a problem for the Union economy because of its negative economic and social consequences. The risk of such negative effects strongly increases in periods of economic downturn when access to financing is more difficult.

Or. en

Amendment 28

Eugen Jurzyca

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(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) are affected by those negative consequences. Late payment thus represents a problem for the Union economy because of its negative economic and social consequences, while regulatory intervention should consider also benefits of late payment in situations, which are beneficial for both parties, the debtor and the creditor.

Or. en

Amendment 29

Maria Grapini

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(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, which rely on regular and predictable streams of cash, are heavily affected by those negative consequences. Late payment thus represents a problem for the Union economy because of its negative economic and social consequences.

Or. ro

Amendment 30

Deirdre Clune

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Justification

Most books, apart from bestsellers, stay on bookshop shelves for 6 to 12 months or even longer before selling. This means that a bookshop’s stock rotates (i.e., the entire stock is sold) less frequently than in other retail sectors (on average every 3.43 months) and, therefore, bookshops do not make an immediate profit on the books they stock. If one compares this to the trade in perishable goods, where stock rotation is by nature much quicker, the difference between a slow-moving product (book) and a faster-moving product becomes evident. Payment and invoicing obligations should, therefore, also be differentiated. Book publishers, in turn, rely on a healthy network of booksellers to display the wealth of titles that underpin Europe’s cultural diversity and that make book publishing the largest cultural industry in the EU. Longer payment terms also reflect the long-term investments that publishers make on authors, who get paid in advance but might need months or years to become successful, and require the exposure of their books in the highest possible number of outlets.

Amendment 31

Andreas Schwab, Christian Doleschal, Geoffroy Didier, Barbara Thaler, Marion Walsmann, Lara Comi, Maria da Graça Carvalho

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) Although judicial claims related to late payment are already facilitated by Regulations (EC) No 805/200436 , (EC) No 1896/200637 , (EC) No 861/200738 and (EU) No 1215/201239 of the European Parliament and of the Council, in order to discourage late payment in commercial transactions it is necessary to lay down complementary provisions.

(4) Judicial claims related to late payment are already facilitated by Regulations (EC) No 805/200436 , (EC) No 1896/200637 , (EC) No 861/200738 and (EU) No 1215/201239 of the European Parliament and of the Council, in order to discourage late payment in commercial transactions it is necessary to lay down complementary provisions. The procedures introduced there are used differently in the Member States. The European order for payment procedure in particular is not used in the same way in all Member States, with the duration of the procedure varying greatly39a. However, greater use of these instruments would allow companies to obtain their compensation more quickly. The European procedures referred above are not sufficiently well known among businesses, citizens, professionals and courts. For this reason, it is necessary to make the procedures more effective and better known. By shortening the respective deadlines and introducing electronic processing, the procedures will become more attractive. The Member States are also required to ensure compliance with the maximum duration of the procedure.

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36 Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims (OJ L 143, 30.04.2004, p. 15)

37 Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (OJ L 399, 30.12.2006, p. 1).

38 Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (OJ L 199, 31.7.2007, p. 1).

39 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).

39a Report from the Commission on the application of Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure

Or. en

Justification

Existing mechanisms need to be optimized before creating new instruments such as the enforcement authorities mentioned here. The European order for payment procedure was introduced to simplify and speed up the recovery of outstanding debts, to reduce procedural costs and to provide creditors, especially SMEs, with a quick and efficient legal instrument - an objective that is as valid today as it was when the Regulation was adopted. The Commission's 2015 report found that the Regulation generally appears to work reliably and satisfactorily. The application of the Regulation has generally improved, simplified and accelerated the processing of uncontested pecuniary claims in cross-border disputes. However, the European procedure is not sufficiently well known among businesses, citizens, professionals and courts. Further education is therefore needed, both at European level and in the Member States. The Regulation should be effectively and actively promoted by informing the public and professionals about the European order for payment procedure. The functioning of the procedure could be further improved by ensuring electronic processing and by Member States giving more thought to whether centralized processing of cases under the procedure would be useful.

Amendment 32

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(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 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.

(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.

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40 Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (OJ L 48, 23.2.2011, p. 1).

41 COM (2020) 103 final.

Or. en

Amendment 33

Andreas Schwab, Christian Doleschal, Geoffroy Didier, Barbara Thaler, Marion Walsmann, Lara Comi, Maria da Graça Carvalho

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(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.

(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. As the contracting authorities/awarding bodies process a considerable volume of payments to undertakings and since a significant amount of late payments has been experienced over the last years, it is necessary to set a mandatory payment period of 30 calendar days for these transactions. A longer payment period is often required between undertakings. Therefore, in B2B transactions, the payment period may not exceed 60 calendar days after receipt of the invoice. Due to the special features of the financing model in some sectors, it is nevertheless necessary to agree even longer payment periods. This applies in particular to seasonal goods and slow motion products. Taking into account the circumstances of an individual case, it should therefore be possible to agree longer payment periods in individual contracts. Such an agreement must be made expressly and may not be imposed unilaterally as general terms and conditions. Furthermore, the agreement must not be grossly unfair with regard to the interests of the creditor. It is already assumed that there is no gross inequity if the debtor is a small or medium-sized enterprise. Gross unfairness exists if the deviation from the standard period of 60 days occurs without an objective reason and violates the principles of good faith and honesty. This is presumed to be the case if a payment period of more than 120 days has been agreed upon. The presumption can be rebutted in individual cases.

Or. en

Amendment 34

Antonius Manders

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

Or. en

Justification

The root cause of late payments lies in the imbalance in the bargaining power. As large undertakings have relatively equal bargaining power, the transactions between a large undertaking and another large undertaking should be excluded from the scope of this Regulation. This should not apply to transactions between SMEs in general, as the differences between bargaining power amongst SMEs can relatively be more unequal.

Amendment 35

Maria Grapini

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission

Amendment

(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.

Or. ro

Amendment 36

Geoffroy Didier, Laurence Sailliet

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 37

Geoffroy Didier, Laurence Sailliet

Proposal for a regulation

Recital 9 b (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 38

Róża Thun und Hohenstein

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) Transactions with consumers, payments made as compensation for damages, including payments from insurance companies, 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.

(10) Transactions with consumers, payments made as compensation for damages 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. However, payments made as performance of the obligations stemming from insurance contracts should be covered by this Regulation. In particular, payments made in transactions between insurance companies and undertakings in exchange for the delivery of goods or the provision of services for remuneration, including as a compensation to other third parties, should fall within the scope of this Regulation.

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42 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).

Or. en

Amendment 39

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(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.

__________________

Or. en

Amendment 40

Eugen Jurzyca

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(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.

(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. On one hand, a decisive shift to a culture of prompt payment, is necessary to reverse this trend and to discourage late payment, but on the other hand legitimate reasons of temporary cash flow constraints such as delayed customer payments, business growth, seasonal fluctuations, unexpected expenses, inventory management issues, market dynamics and competition or economic downturns should also be taken into account. Consequently, contractual payment periods should be in principle limited to 30 calendar days in G2B transactions, where the public authority is the debtor. The payment periods in B2B transactions should be limited to 60 calendar days if not contractually agreed otherwise. Member States should ensure that the contractual terms and practices on payment periods are not grossly unfair.

Or. en

Amendment 41

Anne Sander, Geoffroy Didier

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(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.

(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 Directive (EU) 2013/34 and G2B transactions, where the public authority is the debtor. If it is not grossly unfair to the creditor’s rights, the contracting parties should nonetheless be able to expressly agree on longer payment periods, such as when granting trade credit to customers.

Or. fr

Amendment 42

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 43

Virginie Joron, Jean-Lin Lacapelle

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(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.

(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.

Or. fr

Amendment 44

Tsvetelina Penkova, Maria Grapini, Brando Benifei, René Repasi, Laura Ballarín Cereza

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(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.

(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 working days both in B2B transactions and G2B transactions, where the public authority is the debtor. Electronic invoicing can be a helpful tool in this regard, as it would help creditors prove the date of receipt of the invoice in case of doubt or dispute.

Or. en

Amendment 45

Stéphanie Yon-Courtin, Dita Charanzová, Catharina Rinzema, Morten Løkkegaard, Svenja Hahn

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(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.

(11) Late payment constitutes a breach of contract which is financially attractive to debtors, due to low or no interest rates charged on late payment, or slow procedures for redress. A decisive shift to a culture of prompt payment, including one in which the exclusion of the right to charge interest for late payment is null and void, is necessary to reverse this trend and to discourage late payment. Consequently, contractual payment periods should be limited to 30 calendar days both in B2B transactions, when the debtor is a large undertaking in the meaning of Article 3(4) of Directive 2013/34/EU and G2B transactions, where the public authority is the debtor.

Or. en

Amendment 46

Antonius Manders

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(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.

Or. en

Justification

The root cause of late payments lies in the imbalance in the bargaining power, therefore, transactions between public authorities and undertakings and between large undertakings and SMEs, where the large undertakings is the debtor, should always be limited to 30 calendar days.

Amendment 47

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 48

Virginie Joron, Jean-Lin Lacapelle

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission

Amendment

(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.

Or. fr

Amendment 49

Antonius Manders

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Justification

More flexibility to extend the payment period is needed; however, as the root cause of late payments lies in the imbalance in the bargaining power, this derogation never applies to transactions between public authorities and undertakings and between large undertakings and SMEs, where the large undertakings is the debtor. In order to facilitate transparency, data collection on late payments, and provide for better enforcement, the enforcement authority should be notified when the payment period is extended (see also Article 13(2a).

Amendment 50

Tsvetelina Penkova, Maria Grapini, Brando Benifei, René Repasi, Laura Ballarín Cereza

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission

Amendment

(11a) Public authorities in particular should set an example of due payments for the rest of economic actors.

Or. en

Amendment 51

Virginie Joron, Jean-Lin Lacapelle

Proposal for a regulation

Recital 11 b (new)

Text proposed by the Commission

Amendment

(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.

Or. fr

Amendment 52

Eugen Jurzyca

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(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 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.

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43 Judgment of 20 October 2022, BFF Finance Iberia SAU v Gerencia Regional de Salud de la Junta de Castilla y León (OJ C 53, 15.2.2021, p. 19) C585/20, EU:C:2022:806, paragraph 53.

Or. en

Amendment 53

Laura Ballarín Cereza

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(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.

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43 Judgment of 20 October 2022, BFF Finance Iberia SAU v Gerencia Regional de Salud de la Junta de Castilla y León (OJ C 53, 15.2.2021, p. 19) C585/20, EU:C:2022:806, paragraph 53.

Or. en

Amendment 54

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(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.

__________________

43 Judgment of 20 October 2022, BFF Finance Iberia SAU v Gerencia Regional de Salud de la Junta de Castilla y León (OJ C 53, 15.2.2021, p. 19) C585/20, EU:C:2022:806, paragraph 53.

Or. en

Amendment 55

Alessandra Basso, Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(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.

(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.

Or. en

Amendment 56

Stéphanie Yon-Courtin, Dita Charanzová, Catharina Rinzema, Morten Løkkegaard, Svenja Hahn

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(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.

(13) This Regulation should be without prejudice to shorter or longer periods which may be provided for in national law.

Or. en

Amendment 57

Anne Sander, Geoffroy Didier

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(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.

(13) This Regulation should be without prejudice to shorter or longer periods which may be provided for in national law.

Or. fr

Amendment 58

Virginie Joron, Jean-Lin Lacapelle

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(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.

(13) This Regulation should be without prejudice to shorter or longer periods which may be provided for in national law.

Or. fr

Amendment 59

Antonius Manders

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) Public procurement can play a significant role in improving payment performance. Enhanced synergies should therefore be put in place between public procurement policies and rules and prompt payment objectives. Particularly 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.

deleted

Or. en

Justification

In line with the deletion of Article 4, as the issue of public procurement needs to be dealt with separately from this Late Payment Regulation.

Amendment 60

Brando Benifei

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(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.

Or. it

Amendment 61

Carlo Fidanza

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(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, introducing effective measures to discourage not only late payment by public authorities but also the awarding of contracts to undertakings that do not pay on time or as provided for in this Regulation. What is more, in public construction works, subcontractors are often not paid on time by the main contractor, even when the contracting authorities or contracting entities have made the contractual payments to them, thus potentially creating a damaging domino-effect in the supply chain. It is therefore appropriate that contractors provide evidence to contracting authorities and contracting entities of payments to their direct subcontractors.

Or. it

Amendment 62

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(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 introducing effective measures to discourage not only late payment by public authorities, but also the awarding of contracts to companies that do not pay on time and in the manner prescribed by this Regulation. Furthermore, 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.

Or. en

Amendment 63

Laura Ballarín Cereza, Tsvetelina Penkova

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(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 introducing effective measures to discourage not only late payment by public authorities, but also the awarding of contracts to companies that do not pay on time and in the manner prescribed by this Regulation. Furthermore, 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.

Or. en

Amendment 64

Andreas Schwab, Christian Doleschal, Geoffroy Didier, Barbara Thaler, Marion Walsmann

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(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.

deleted

Or. en

Amendment 65

Eugen Jurzyca

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) It should be possible for the creditor to waive its right to obtain interests for late payments.

Or. en

Amendment 66

Antonius Manders

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(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.

Or. en

Justification

Flexibility to waive the right to obtain interest for late payment is necessary, but not in cases where there is an imbalance in the bargaining power.

Amendment 67

Maria Grapini

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

Or. ro

Amendment 68

Eugen Jurzyca

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(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 intentionally delaying or preventing the moment of sending the invoice is not in conformity with this Regulation, it should be null and void.

(21) Abuse of freedom of contract to the disadvantage of the creditor should be avoided.

Or. en

Amendment 69

Antonius Manders

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(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 assigning credit to a third party is not in conformity with this Regulation, it should be null and void.

Or. en

Amendment 70

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 71

Laura Ballarín Cereza, Tsvetelina Penkova

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(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 has been expressly agreed between the buyer and the seller before the delivery of the goods.

(23) To guarantee full payment of the amount due, retention of title can be agreed for specific goods such as slow moving or seasonal goods. In such agreements, the seller retains the title to goods until they are fully paid for, if a retention of title has been expressly agreed between the buyer and the seller before the delivery of the goods.

Or. en

Amendment 72

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(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 as a debtor and the seller as a creditor before the delivery of the goods.

Or. en

Amendment 73

Antonius Manders

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 74

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 75

Eugen Jurzyca

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

Or. en

Amendment 76

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 77

Maria Grapini

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(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.

Or. ro

Amendment 78

Tsvetelina Penkova, Maria Grapini, Brando Benifei, René Repasi

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(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. In addition, for more effective enforcement, Member States should use digital tools to the extent possible.

(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.

Or. en

Amendment 79

Eugen Jurzyca

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(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 that provide added value.

Or. en

Amendment 80

Antonius Manders

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(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.

Or. en

Justification

In order to facilitate transparency, data collection on late payments, and provide for better enforcement, the enforcement authority should be notified when the payment period is extended (see also Article 13(2a).

Amendment 81

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(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 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.

(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.

__________________

49 Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).

50 Directive 2014/55/EU of the European Parliament and of the Council of 16 April 2014 on electronic invoicing in public procurement (OJ L 133, 6.5.2014, p. 1).

Or. en

Amendment 82

Stelios Kouloglou

Proposal for a regulation

Recital 28 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 83

Brando Benifei

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(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.

Or. it

Amendment 84

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

Or. en

Amendment 85

Maria Grapini

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(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.

Or. ro

Amendment 86

Antonius Manders

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 87

Eugen Jurzyca

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 88

Laurence Sailliet, Geoffroy Didier

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 89

Eugen Jurzyca

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30) Certain provisions in this Regulation are linked to the provisions in Directive (EU) 2019/633 of the European Parliament and of the Council51 . 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-perishable agricultural and food products. However, this Regulation does not prevent the Member States from introducing or maintaining national provisions applicable in the agricultural and food sector which provide for stricter payment terms, or different calculation of payment periods, dies a quo and verification and acceptance procedures for suppliers of agricultural and food products that are more favourable to the creditor.

deleted

__________________

51 Directive (EU) No 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain (OJ L 111, 25.4.2019, p. 59).

52 Article 23 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, establishing a common organisation of the markets in agricultural products (OJ L 347, 20.12.2013, p. 671).

53 Article 172a of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, establishing a common organisation of the markets in agricultural products (OJ L 347, 20.12.2013, p. 671).

54 Article 147a of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, establishing a common organisation of the markets in agricultural products (OJ L 347, 20.12.2013, p. 671).

Or. en

Amendment 90

Virginie Joron, Jean-Lin Lacapelle

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30) Certain provisions in this Regulation are linked to the provisions in Directive (EU) 2019/633 of the European Parliament and of the Council51. 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-perishable agricultural and food products. However, this Regulation does not prevent the Member States from introducing or maintaining national provisions applicable in the agricultural and food sector which provide for stricter payment terms, or different calculation of payment periods, dies a quo and verification and acceptance procedures for suppliers of agricultural and food products that are more favourable to the creditor.

(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-perishable agricultural and food products. However, this Regulation does not prevent the Member States from introducing or maintaining national provisions applicable in the agricultural and food sector which provide for stricter payment terms, or different calculation of payment periods, dies a quo and verification and acceptance procedures for suppliers of agricultural and food products that are more favourable to the creditor. This Regulation should similarly not affect the rules established in Article 147a of Regulation (EU) 1308/2013, which allows for provisions applicable to sales of wine in bulk.

__________________

Or. fr

Amendment 91

Eugen Jurzyca

Proposal for a regulation

Recital 30 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 92

Eugen Jurzyca

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(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. 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.

Or. en

Amendment 93

Maria Grapini

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(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 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.

(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.

Or. ro

Amendment 94

Eugen Jurzyca

Proposal for a regulation

Recital 31 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 95

Andreas Schwab, Christian Doleschal, Geoffroy Didier, Barbara Thaler, Marion Walsmann, Lara Comi, Maria da Graça Carvalho

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(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. However, to ensure better protection of the creditors, commercial transactions that are to be paid after the date of entry into force of this Regulation, shall be subject to its provisions, even if the relevant contract was signed before its date of application.

(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. In order to ensure legal certainty, the provisions of this Regulation apply to transactions signed after its entry into force. In the case of long-term obligations, the provisions of this Regulation already apply to transactions concluded before the entry into force of this Regulation for the part of the remuneration to be paid after its entry into force. The relevant date is the date of receipt of the invoice.

Or. en

Amendment 96

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 1 – title

Text proposed by the Commission

Amendment

Scope

Subject matter and scope

Or. en

Amendment 97

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 1 – paragraph -1 (new)

Text proposed by the Commission

Amendment

-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.

Or. en

Amendment 98

Antonius Manders

Proposal for a regulation

Article 1 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. This Regulation shall not apply to transactions between large undertakings.

Or. en

Justification

Amendment 99

Laura Ballarín Cereza, Tsvetelina Penkova

Proposal for a regulation

Article 1 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. This Regulation shall not apply to consignment agreements.

Or. en

Amendment 100

Virginie Joron, Jean-Lin Lacapelle

Proposal for a regulation

Article premier – paragraph 3 – point a a (new)

Text proposed by the Commission

Amendment

(aa) payments made for goods and services benefiting from Article 164 of Directive 2006/112/EC and exported to third countries;

Or. fr

Amendment 101

Adam Bielan

Proposal for a regulation

Article 1 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) payments made as compensation for damages, including payments from insurance companies;

(b) payments made as compensation for damages, including payments from insurance companies, excluding compensation for recovery costs under Article 8;

Or. en

Amendment 102

Róża Thun und Hohenstein

Proposal for a regulation

Article 1 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) payments made as compensation for damages, including payments from insurance companies;

(b) payments made as compensation for damages;

Or. en

Amendment 103

Adam Bielan

Proposal for a regulation

Article 1 – paragraph 3 – point c

Text proposed by the Commission

Amendment

(c) payments resulting from obligations 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.

(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).

Or. en

Amendment 104

Geoffroy Didier, Laurence Sailliet

Proposal for a regulation

Article 1 – paragraph 3 – point c a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Justification

Apart from bestselling books, most books stay on bookshop shelves for 6 to 12 months, or even longer. This means that a bookshop’s stock rotates (i.e., the entire stock is sold) less frequently than in other retail trades (on average every 3.43 months) and, therefore, bookshops do not make an immediate profit on the books they stock. If one compares this to trade in perishable goods, where stock rotation is by nature much quicker, the difference between a slow-moving product (book) in the bookselling trade and a sector with faster-moving products becomes evident. Payment and invoicing obligations should therefore also be differentiated. Book publishers, in turn, rely on a healthy network of booksellers to display the wealth of titles that underpin Europe’s cultural diversity and that make book publishing the largest cultural industry in the EU. Longer payment terms also reflect the long-term investments that publishers make on authors, who get paid in advance but might need months or years to become successful, and require the exposure of their books in the highest possible number of outlets.

Amendment 105

Róża Thun und Hohenstein

Proposal for a regulation

Article 1 – paragraph 3 – subparagraph 1 (new)

Text proposed by the Commission

Amendment

Notwithstanding point (b), payments made as performance of the obligations stemming from insurance contracts shall be covered by this Regulation.

Or. en

Amendment 106

Anne Sander, Geoffroy Didier

Proposal for a regulation

Article premier – paragraph 3 – point c a (new)

Text proposed by the Commission

Amendment

(ca) payments made for goods and services under Article 164 of Directive 2006/112/EC and exported outside the European Union.

Or. fr

Amendment 107

Andreas Schwab, Christian Doleschal, Geoffroy Didier, Barbara Thaler, Marion Walsmann

Proposal for a regulation

Article 1 – paragraph 4

Text proposed by the Commission

Amendment

4. With the exception of Article 3(1), this Regulation shall not affect the provisions laid down in Directive (EU) 2019/633.

deleted

Or. en

Justification

The UTP just has entered in force in May 2021. The first evaluation report is on the 1st November 2025. Until that day, no substantial changes should be introduced outside a revision of the whole UTP.

Amendment 108

Virginie Joron, Jean-Lin Lacapelle

Proposal for a regulation

Article premier – paragraph 4

Text proposed by the Commission

Amendment

4. With the exception of Article 3(1), this Regulation shall not affect the provisions laid down in Directive (EU) 2019/633.

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.

Or. fr

Amendment 109

Anne Sander, Geoffroy Didier

Proposal for a regulation

Article premier – paragraph 4

Text proposed by the Commission

Amendment

4. With the exception of Article 3(1), this Regulation shall not affect the provisions laid down in Directive (EU) 2019/633.

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.

Or. fr

Amendment 110

Christel Schaldemose

Proposal for a regulation

Article 1 – paragraph 4

Text proposed by the Commission

Amendment

4. With the exception of Article 3(1), this Regulation shall not affect the provisions laid down in Directive (EU) 2019/633.

4. This Regulation shall not affect the provisions laid down in Directive (EU) 2019/633.

Or. en

Justification

It is important that this Regulation does not affect the UTP directive.

Amendment 111

Eugen Jurzyca

Proposal for a regulation

Article 1 – paragraph 4

Text proposed by the Commission

Amendment

4. With the exception of Article 3(1), this Regulation shall not affect the provisions laid down in Directive (EU) 2019/633.

4. This Regulation shall not affect the provisions laid down in Directive (EU) 2019/633.

Or. en

Amendment 112

Laurence Sailliet, Geoffroy Didier

Proposal for a regulation

Article 1 – paragraph 4

Text proposed by the Commission

Amendment

4. With the exception of Article 3(1), this Regulation shall not affect the provisions laid down in Directive (EU) 2019/633.

4. This Regulation shall not affect the provisions laid down in Directive (EU) 2019/633.

Or. en

Amendment 113

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 2 – paragraph 1 – point -1 (new)

Text proposed by the Commission

Amendment

(-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;

Or. en

Amendment 114

Tom Vandenkendelaere

Proposal for a regulation

Article 2 – paragraph 1 – point 1

Text proposed by the Commission

Amendment

(1) ‘undertaking’ means any organisation, irrespective of its form and way of financing, carrying out an economic or professional activity independently;

(1) ‘small- and medium-sized undertaking’ means any organization employing fewer than 250 persons with an annual turnover that does not exceed 50 million euro, and/or an annual balance sheet total that does not exceed 43 million euro, as defined in Article 2 of the annex to the Commission Recommendation 2003/361/EC1a;

__________________

1a Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36)

Or. en

Amendment 115

Tom Vandenkendelaere

Proposal for a regulation

Article 2 – paragraph 1 – point 1 a (new)

Text proposed by the Commission

Amendment

(1a) ‘large undertaking’ means any organization not falling under the definition of Article 2(1), point (1);

Or. en

Amendment 116

Antonius Manders

Proposal for a regulation

Article 2 – paragraph 1 – point 1 a (new)

Text proposed by the Commission

Amendment

(1a) ‘large undertaking’ means an undertaking as defined in Article 3(4) of Directive 2013/34/EU;

Or. en

Amendment 117

Tom Vandenkendelaere

Proposal for a regulation

Article 2 – paragraph 1 – point 1 b (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 118

Antonius Manders

Proposal for a regulation

Article 2 – paragraph 1 – point 1 b (new)

Text proposed by the Commission

Amendment

(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;

Or. en

Amendment 119

Andreas Schwab, Christian Doleschal, Geoffroy Didier, Barbara Thaler, Lara Comi, Maria da Graça Carvalho

Proposal for a regulation

Article 2 – paragraph 1 – point 2

Text proposed by the Commission

Amendment

(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;

Or. en

Justification

Amendment is necessary to clarify to which extend public authorities will be addressed as debtors in G2B transactions, as the secondary legislation referred to contains economic thresholds and exceptions. The late payment directive contains the clarification of “regardless of the subject or value of the contract in Article 2 point (2), Directive 2011/7/EU which has been omitted in the Regulation proposed by the Commission.

Amendment 120

Laura Ballarín Cereza, Tsvetelina Penkova

Proposal for a regulation

Article 2 – paragraph 1 – point 3

Text proposed by the Commission

Amendment

(3) ‘late payment’ means payment not made within the contractual or statutory payment period as set out in Article 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);

Or. en

Amendment 121

Laurence Sailliet, Geoffroy Didier

Proposal for a regulation

Article 2 – paragraph 1 – point 3

Text proposed by the Commission

Amendment

(3) ‘late payment’ means payment not made within the contractual or statutory payment period as set out in Article 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;

Or. en

Amendment 122

Eugen Jurzyca

Proposal for a regulation

Article 2 – paragraph 1 – point 3

Text proposed by the Commission

Amendment

(3) ‘late payment’ means payment not made within the contractual or statutory payment period as set out in Article 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;

Or. en

Amendment 123

Brando Benifei

Proposal for a regulation

Article 2 – paragraph 1 – point 3 a (new)

Text proposed by the Commission

Amendment

(3a) ‘payment document’ means any invoice, credit note or equivalent request for payment;

Or. it

Amendment 124

Stéphanie Yon-Courtin, Dita Charanzová, Catharina Rinzema, Morten Løkkegaard

Proposal for a regulation

Article 2 – paragraph 1 – point 7

Text proposed by the Commission

Amendment

(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;

(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;

Or. en

Justification

In line with existing recital 12 of the Regulation.

Amendment 125

Alessandra Basso, Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri

Proposal for a regulation

Article 2 – paragraph 1 – point 7

Text proposed by the Commission

Amendment

(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;

Or. en

Amendment 126

Maria da Graça Carvalho

Proposal for a regulation

Article 2 – paragraph 1 – point 7

Text proposed by the Commission

Amendment

(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;

(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;

Or. en

Justification

Keep legal certainty and ensure coherence with Recital (12).

Amendment 127

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 2 – paragraph 1 – point 8

Text proposed by the Commission

Amendment

(8) ‘debtor‘ means any natural or legal person or any public authority that owes a payment for a good delivered or a service provided;

(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;

Or. en

Amendment 128

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 2 – paragraph 1 – point 9

Text proposed by the Commission

Amendment

(9) ‘creditor‘ means any natural or legal person or any public authority that delivered goods to a debtor or provided services to a debtor.

(9) ‘creditor‘ means any natural or legal person or any public authority that has not received a payment within the payment period set out in Article 3 for a good delivered or a service provided to a debtor.

Or. en

Amendment 129

Antonius Manders

Proposal for a regulation

Article 2 – paragraph 1 – point 9

Text proposed by the Commission

Amendment

(9) ‘creditor‘ means any natural or legal person or any public authority that delivered goods to a debtor or provided services to a debtor.

(9) ‘creditor‘ means any natural or legal person that delivered goods to a debtor or provided services to a debtor.

Or. en

Justification

Article 1(1) on the scope: "this Regulation shall apply to payments made in transactions between undertakings or between undertakings and public authorities, where the public authority is the debtor". The scope of this Regulation does not include the public authority as a creditor.

Amendment 130

Pablo Arias Echeverría

Proposal for a regulation

Article 2 – paragraph 1 – point 9 a (new)

Text proposed by the Commission

Amendment

(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;

Or. es

Amendment 131

Laura Ballarín Cereza, Tsvetelina Penkova

Proposal for a regulation

Article 2 – paragraph 1 – point 9 a (new)

Text proposed by the Commission

Amendment

(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).

Or. en

Amendment 132

Maria da Graça Carvalho

Proposal for a regulation

Article 2 – paragraph 1 – point 9 a (new)

Text proposed by the Commission

Amendment

(9a) ‘micro, small and medium-sized enterprises (SMEs)’ means any entity as defined in the Commission Recommendation 2003/361/EC;

Or. en

Amendment 133

Jordi Cañas

Proposal for a regulation

Article 2 – paragraph 1 – point 9 a (new)

Text proposed by the Commission

Amendment

(9a) ‘seasonal products’ means any product whose demand increases significantly at certain times or seasons of the year;

Or. en

Amendment 134

Carlo Fidanza

Proposal for a regulation

Article 2 – paragraph 1 – point 9 a (new)

Text proposed by the Commission

Amendment

(9a) ‘payment document’ means any invoice, credit note or equivalent request for payment;

Or. it

Amendment 135

Jordi Cañas

Proposal for a regulation

Article 2 – paragraph 1 – point 9 b (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 136

Virginie Joron, Jean-Lin Lacapelle

Proposal for a regulation

Article 2 – paragraph 1 – point 9 b (new)

Text proposed by the Commission

Amendment

(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).

Or. fr

Amendment 137

Christel Schaldemose

Proposal for a regulation

Article 3 – title

Text proposed by the Commission

Amendment

Payment periods

Payment periods in transactions between undertakings and public authorities

Or. en

Amendment 138

Martina Dlabajová, Dita Charanzová

Proposal for a regulation

Article 3 – title

Text proposed by the Commission

Amendment

Payment periods

Payment periods between public authorities and undertakings

Or. en

Amendment 139

Christel Schaldemose

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

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.

Or. en

Justification

Public authorities have a special responsibility in this regard and are not affected by liquidity and cash flow as private undertakings. For this reason, an article dedicated to commercial transactions where the debtor is a public authority is required.

Amendment 140

Virginie Joron, Jean-Lin Lacapelle

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1. In commercial transactions, the payment period shall not exceed 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 apply both to the transactions between micro, small and medium-sized undertakings, in the meaning of Article 3(1), (2) and (3) of Directive (EU) 2013/34, and between public authorities and undertakings. If the debtor is a large undertaking in the meaning of Article 3(4) of Directive (EU) 2016/34, a public authority or public legal entity and the creditor a micro, small or medium-sized undertaking, the payment period shall not exceed 30 calendar days. The payment period of 60 days 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.

Or. fr

Justification

Cutting payment periods to a maximum of 30 days for all commercial transactions will have a very negative impact on undertakings, particularly PMEs. Payment periods for large undertakings to PMEs and from public authorities to PMEs, as part of public procurement or otherwise, should be stricter and never exceed 30 days.

Amendment 141

Tom Vandenkendelaere

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

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. In commercial transactions between large undertakings, the parties may agree on a longer payment period, unless this period is manifestly unfair to the creditor. 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. The same payment periods 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.

Or. en

Amendment 142

Stéphanie Yon-Courtin, Dita Charanzová, Catharina Rinzema, Morten Løkkegaard, Svenja Hahn

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

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.

Or. en

Justification

Reducing payment terms does not necessarily lead to reducing late payments. While we understand the need for a standard statutory payment term of 30 days, we also recognise the legitimate interests of SMEs to have the flexibility and maintain contractual freedom to be able to mutually agree on longer payments terms, for example for the purpose of providing liquidity for fast-growing SMEs and to allow cash management for SMEs who process their supplies into new products (long production time) or trade in slow moving consumer goods. The Regulation should target the essence of the problem regarding payment terms: the imbalance of negotiating power between large companies and SMEs. Therefore, a strict payment term of 30 days without exceptions should only apply for payments from large companies and public authorities to SMEs, while maintaining more flexibility in other B2B relations.

Amendment 143

Anne Sander, Geoffroy Didier

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

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.

Or. fr

Amendment 144

Maria da Graça Carvalho

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

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-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.

Or. en

Amendment 145

Jordi Cañas

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

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 payment period for such products. Member States may provide for a longer payment period, up to 90 days, in case of non-food products that are considered to be low-rotation products or seasonal products.

Or. en

Amendment 146

Laura Ballarín Cereza

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

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-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.

Or. en

Amendment 147

Marion Walsmann

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 148

Svenja Hahn, Nicola Beer, Andreas Glück, Moritz Körner, Jan-Christoph Oetjen, Morten Løkkegaard

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Justification

Payment terms are an essential part of contractual relationships between businesses. Often longer payment periods are agreed for legitimate reasons and to the benefit of both parties. Businesses should therefore keep the possibility to determine this element of their contracts but with safeguards to protect the weaker party as presently provided for under Article 3 (5) of Directive 2011/7/EU.

Amendment 149

Pablo Arias Echeverría

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

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-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.

Or. es

Justification

In many cases, public authorities take the longest to pay despite having the greatest capacity to pay on time. We must ensure that SMEs do not bear the financial burden of public authorities.

Amendment 150

Laurence Sailliet, Geoffroy Didier

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1. In commercial transactions, the payment period shall not exceed 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. The creditor and the debtor may agree on a payment period longer than 60 days as long as it is justified and previously agreed in clear and unambiguous terms in the contract between the debtor and the creditor. In commercial transactions where the debtor is a public authority, the payment period shall not exceed 30 calendar days.

Or. en

Amendment 151

Alessandra Basso, Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 152

Martina Dlabajová, Dita Charanzová

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

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 to the transactions 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.

Or. en

Amendment 153

Eugen Jurzyca

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1. In commercial transactions between undertakings, the payment period shall not exceed 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, unless otherwise expressly agreed in the contract and provided it is not grossly unfair to the creditor within the meaning of Article 9. 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.

Or. en

Amendment 154

Róża Thun und Hohenstein

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 155

Tsvetelina Penkova, Maria Grapini, Brando Benifei, René Repasi

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1. In commercial transactions, the payment period shall not exceed 30 working days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non-perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.

Or. en

Amendment 156

Brando Benifei

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1. In commercial transactions, the payment period shall not exceed 30 calendar days, from the date of the receipt of the payment document by the debtor, provided that the debtor has received the goods or services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non-perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.

Or. it

Amendment 157

Andreas Schwab, Christian Doleschal, Geoffroy Didier, Barbara Thaler, Lara Comi

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1. Between public authorities and undertakings the payment period shall not exceed 30 calendar days.

In commercial transactions, the payment period shall not exceed 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.

An agreement between undertakings whereby the payment period is fixed at more than 60 calendar days after receipt of the invoice is only valid, if it has been expressly agreed and is not grossly unfair with regard to the interests of the creditor. Fairness is presumed if the debtor is a small or medium-sized enterprise.

Or. en

Justification

The Commission has not sufficiently justified such a massive encroachment on companies' freedom of contract. Late payment is a real problem in only a few sectors. The majority of business operators, including SMEs, cannot see any reason for this regulation. Many sectors live from pre-financing models: craft businesses, the book trade, the furniture industry. Longer payment periods must remain possible here. A fair limitation takes place within the framework of the inequity criterion. If the creditor is an SME, a longer payment period must be possible. The UTP Directive will be revised soon. This change occurred without any impact assessment.

Amendment 158

Alessandra Basso, Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri

Proposal for a regulation

Article 3 – paragraph 1 – subparagraph 1 (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 159

Tsvetelina Penkova, Maria Grapini, Brando Benifei, René Repasi

Proposal for a regulation

Article 3 – paragraph 1 – subparagraph 1 (new)

Text proposed by the Commission

Amendment

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.

Or. en

Justification

Many micro-sized businesses as well as start-ups have very limited resources to start paying their own creditors immediately within 30 days and then have interest applying automatically if not paid on time. This could have adverse financial impacts

Amendment 160

Tsvetelina Penkova, Maria Grapini, Brando Benifei, René Repasi

Proposal for a regulation

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Justification

In some cases, it may be difficult to legally prove receipt of invoice. Therefore, this amendment provides a ‘legal back-up’ for the creditor in case the debtor claims to not have received the invoice when in fact it has.

Amendment 161

Antonius Manders

Proposal for a regulation

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

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;

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.

Or. en

Justification

Amendment 162

Pablo Arias Echeverría

Proposal for a regulation

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

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.

Or. es

Justification

It is essential to adapt the legislation to the various production areas and payment cultures in the European Union. It should therefore be up to the Member States to cooperate with the actors involved, to avoid the politicisation of decisions, and establish the most appropriate payment periods for their specific context.

Amendment 163

Tsvetelina Penkova, Maria Grapini, Brando Benifei, René Repasi, Laura Ballarín Cereza

Proposal for a regulation

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 164

Sandro Gozi

Proposal for a regulation

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 165

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 166

Eugen Jurzyca

Proposal for a regulation

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 167

Laura Ballarín Cereza, Tsvetelina Penkova

Proposal for a regulation

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. No means of payment for goods or services shall be used to alter the payment period.

Or. en

Amendment 168

Svenja Hahn, Nicola Beer, Andreas Glück, Moritz Körner, Jan-Christoph Oetjen

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

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.

deleted

Or. en

Justification

In order to protect the debtor from paying for defective or poor quality goods or services, Member States should retain the possibility to provide for acceptance and verification procedures in their national law. At the same time the creditor should be protected by setting a maximum duration for such procedures. It should be possible though for the parties to extend the duration under the same terms as the payment period where they deem appropriate, e.g. for complex machineries or construction projects.

Amendment 169

Marion Walsmann

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 170

Sandro Gozi

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

Or. en

Amendment 171

Eugen Jurzyca

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 172

Laurence Sailliet, Geoffroy Didier

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

Or. en

Amendment 173

Adam Bielan

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

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 invoice shall describe the details of the procedure of acceptance or verification, including its duration.

Or. en

Amendment 174

Andreas Schwab, Christian Doleschal, Geoffroy Didier, Barbara Thaler

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

2. Gross unfairness exists if the deviation from the standard period of 60 days occurs without an objective reason and violates the principles of good faith and honesty. This is presumed to be the case if a payment period of more than 120 days has been agreed. The presumption can be rebutted in individual cases.

Or. en

Justification

Partly former Article 7 of the Late Payment Directive. The presumption is new.

Amendment 175

Alessandra Basso, Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 176

Laura Ballarín Cereza, Tsvetelina Penkova

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

2. A procedure of acceptance or verification may be 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.

Or. en

Amendment 177

Maria da Graça Carvalho

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

2. A procedure of acceptance or verification may be provided for in national law, 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.

Or. en

Amendment 178

Laurence Sailliet, Geoffroy Didier

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

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.

deleted

Or. en

Amendment 179

Andreas Schwab, Christian Doleschal, Geoffroy Didier, Barbara Thaler, Lara Comi

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

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 60 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 60 calendar days after such procedure has taken place.

An agreement between undertakings whereby the payment period is fixed at more than 60 calendar days after receipt of the invoice is only valid, if it has been expressly agreed and is not grossly unreasonable with regard to the interests of the creditor. Fairness is presumed if the debtor is a small or medium-sized enterprise.

Or. en

Amendment 180

Maria da Graça Carvalho

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 181

Marion Walsmann

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

3. Where the contract provides for a procedure of acceptance or verification, by which the conformity of the goods or services with the contract is to be ascertained, the maximum duration of that procedure shall not exceed 30 calendar days from the date of receipt of the goods or services by the debtor, even if such goods or services are supplied prior to the issuance of the invoice or an equivalent request for payment. In this case, the debtor shall initiate the procedure for acceptance or verification immediately upon reception from the creditor of the goods and/or the services that are the object of the commercial transaction. A longer period may only be agreed expressly and provided it is not grossly unfair to the creditor. The payment period shall begin to run after such procedure has taken place.

Or. en

Amendment 182

Svenja Hahn, Nicola Beer, Andreas Glück, Moritz Körner, Jan-Christoph Oetjen, Morten Løkkegaard

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

Or. en

Amendment 183

Eugen Jurzyca

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

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.

Or. en

Justification

The Commission did not provide sufficient evidence that contractual freedom should be abolished. In particular, the impact assessment did not assess the loss of benefits of contractual freedom, nor benefits of late payments. For example, late payments might be a form of trade credit that is also valuable to sellers, who can use it as a tool to sustain the growth of business partners in financial difficulty and to maintain profitable business relationships. Sellers may choose to finance their customers through trade credit because they can be better informed about their credibility than financial intermediaries.

Amendment 184

Brando Benifei

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

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 15 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 payment document. 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.

Or. it

Amendment 185

Virginie Joron, Jean-Lin Lacapelle

Proposal for a regulation

Article 3 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

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.

Or. fr

Justification

Member States should retain the possibility for stakeholders to establish longer periods in contracts (not exceeding a limit of 90 days, for example), for instance for products that are inherently slow to sell (jewellery, machinery, expensive electronics, etc.) and for products that are highly seasonal (toys outside the Christmas period, ski equipment in summer, etc.).

Amendment 186

Maria Grapini

Proposal for a regulation

Article 3 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

(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.

Or. ro

Amendment 187

Sandro Gozi

Proposal for a regulation

Article 3 – paragraph 4

Text proposed by the Commission

Amendment

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.

4. The payment period set out in paragraph 1 is without prejudice to a shorter period or longer derogatory periods in accordance with paragraph 1a, which may be provided for in national law.

Or. en

Amendment 188

Eugen Jurzyca

Proposal for a regulation

Article 3 – paragraph 4

Text proposed by the Commission

Amendment

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.

4. The payment period set out in paragraph 1 is without prejudice to a shorter period which may be provided for in national law.

Or. en

Amendment 189

Laurence Sailliet, Geoffroy Didier

Proposal for a regulation

Article 3 – paragraph 4

Text proposed by the Commission

Amendment

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.

4. The payment period set out in paragraph 1 is without prejudice to a shorter period which may be provided for in national law.

Or. en

Amendment 190

Anne Sander, Geoffroy Didier

Proposal for a regulation

Article 3 – paragraph 4

Text proposed by the Commission

Amendment

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.

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.

Or. fr

Amendment 191

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 3 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 192

Stéphanie Yon-Courtin, Morten Løkkegaard

Proposal for a regulation

Article 3 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Justification

Due to the specific nature of some products(books, jewellery, watchmaking, leather goods, toys, snow sport goods etc..) and method of financing (hospital facilities), these sectors are subject to two major constraints that structure their entire production and distribution chain: the seasonal nature of sales, with very high peaks of activity over short periods of the year; and secondly, a low inventory turnover rate which results in long periods of in-store stocking, reaching several hundred days. As sales of these goods are made late after their delivery date, it is essential to maintain the possibility for sectors characterized by these constraints to contractually provide for longer payment terms, in order to meet the cash flow needs of retailers, particularly very small businesses, and to enable manufacturers to smooth out their production over a full year and thus maintain a stable employment rate.

Amendment 193

Carlo Fidanza

Proposal for a regulation

Article 3 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 194

Geoffroy Didier, Laurence Sailliet

Proposal for a regulation

Article 3 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 195

Deirdre Clune

Proposal for a regulation

Article 3 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

Or. en

Justification

Amendment 196

Alessandra Basso, Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri

Proposal for a regulation

Article 3 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 197

Stelios Kouloglou

Proposal for a regulation

Article 3 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. Member States shall stimulate payment control by ensuring the necessary infrastructure to deploy electronic invoicing for all undertakings.

Or. en

Amendment 198

Virginie Joron, Jean-Lin Lacapelle

Proposal for a regulation

Article 3 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. No means of payment for goods or services shall be used to unduly change the payment period.

Or. fr

Amendment 199

Andreas Schwab, Christian Doleschal, Geoffroy Didier, Barbara Thaler, Marion Walsmann, Lara Comi, Maria da Graça Carvalho

Proposal for a regulation

Article 3 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. The provisions on refusal of payment in the event of non-conforming goods or services shall remain unaffected.

Or. en

Justification

Legal clarity with regard to existing national warranty rights. Companies must also continue to be able to refuse payment if the goods or services ordered are defective.

Amendment 200

Carlo Fidanza

Proposal for a regulation

Article 3 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 201

Stéphanie Yon-Courtin, Dita Charanzová, Catharina Rinzema, Morten Løkkegaard, Svenja Hahn

Proposal for a regulation

Article 3 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

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.

Or. en

Justification

Some member states provide for rules allowing undertakings to group invoices received over a short period of time and pay them in a single transaction.

Amendment 202

Geoffroy Didier, Laurence Sailliet

Proposal for a regulation

Article 3 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

4b. Paragraph 1 does not apply to the book sector.

Or. en

Justification

The firm 30-day period provided for in article 3§1 should not apply to the book trade. The 30-day deadline set out in article 3 of the draft regulation jeopardizes the preservation of the diversity of the publishing offer in the book trade. As books are not consumer goods like any other, due to their cultural dimension, some titles require more time on store shelves for customers to discover them, and therefore a longer rotation cycle. In the event of shortened and capped payment terms, the impact on retailers' cash flow, particularly bookshops, would be substantial, which could lead retailers to reduce their purchases from book suppliers (publishing houses).As a result, fewer and shorter-lived works would be displayed on retail shelves, replaced by more easily accessible titles. The result could be an increased concentration of sales on titles by authors with a high profile, and a consequent weakening of cultural diversity.

Amendment 203

Martina Dlabajová, Dita Charanzová

Proposal for a regulation

Article 3 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 204

Tom Vandenkendelaere

Proposal for a regulation

Article 3 a (new)

Text proposed by the Commission

Amendment

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.

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.

Or. en

Amendment 205

Christel Schaldemose

Proposal for a regulation

Article 3 a (new)

Text proposed by the Commission

Amendment

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.

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.

Or. en

Amendment 206

Andreas Schwab, Christian Doleschal, Geoffroy Didier, Barbara Thaler, Marion Walsmann, Arba Kokalari

Proposal for a regulation

Article 4

Text proposed by the Commission

Amendment

Article 4

deleted

Payments to subcontractors in public procurement

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.

2. Where the contracting authority or contracting entity has not received the evidence as provided for in paragraph 1 or has information of a late payment by the main contractor to its direct subcontractors, the contracting authority or contracting entity shall notify the enforcement authority of its Member State thereof without delay.

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56 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC.

Or. en

Justification

Public procurement law should be dealt with exclusively by the Public Procurement Directives 2014/23/EU, 2014/24/EU or 2014/25/EU. Fragmentation of public procurement law through various provisions in different legal acts should be strictly rejected.

Amendment 207

Svenja Hahn, Nicola Beer, Andreas Glück, Moritz Körner, Jan-Christoph Oetjen, Catharina Rinzema

Proposal for a regulation

Article 4

Text proposed by the Commission

Amendment

Article 4

deleted

Payments to subcontractors in public procurement

__________________

Or. en

Justification

No additional burdensome special rules for the already highly regulated construction sector should be introduced. The proposed article is not fit for purpose as it does not reflect the reality of public works relations.

Amendment 208

Antonius Manders

Proposal for a regulation

Article 4

Text proposed by the Commission

Amendment

Article 4

deleted

Payments to subcontractors in public procurement

__________________

Or. en

Justification

The issue of public procurement needs to be dealt with separately from this Late Payment Regulation.

Amendment 209

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

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 shall take the form of a written declaration by the contractor, which includes an official document stating the date of receipt of payment by the subcontractor 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 to the contracting authority or contracting entity.

__________________

Or. en

Amendment 210

Maria Grapini

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

(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 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.

(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 shall take the form of a written declaration by the contractor accompanied by valid documentary proof of payment 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. Member States may provide that public authorities pay subcontractors directly when it comes to public contracts.

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Or. ro

Amendment 211

Virginie Joron, Jean-Lin Lacapelle

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

__________________

Or. fr

Amendment 212

Róża Thun und Hohenstein

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

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.

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Or. en

Amendment 213

Laura Ballarín Cereza, Tsvetelina Penkova

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

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 they have paid their direct subcontractors involved in the execution of the contract within the deadlines set out in Article 3 of this Regulation. The evidence shall take the form of a written declaration, which will include a certificate stating the date of receipt of payment by the subcontractor 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.

__________________

Or. en

Amendment 214

Carlo Fidanza

Proposal for a regulation

Article 4 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

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.

Or. it

Amendment 215

Brando Benifei

Proposal for a regulation

Article 4 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

Or. it

Amendment 216

Virginie Joron, Jean-Lin Lacapelle

Proposal for a regulation

Article 4 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

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.

Or. fr

Amendment 217

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 4 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 218

Maria Grapini

Proposal for a regulation

Article 4 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

(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.

Or. ro

Amendment 219

Adam Bielan

Proposal for a regulation

Article 4 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. This Article shall apply without prejudice to the creditor’s rights, which may be provided for in national law.

Or. en

Amendment 220

Claude Gruffat, Malte Gallée

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 4 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 221

Maria Grapini

Proposal for a regulation

Article 4 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

(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.

Or. ro

Amendment 222

Carlo Fidanza

Proposal for a regulation

Article 4 a (new)

Text proposed by the Commission

Amendment

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.

Or. it

Amendment 223

Brando Benifei

Proposal for a regulation

Article 4 a (new)

Text proposed by the Commission

Amendment

Article 4a

Offsetting against liabilities owed to public entities

Or. it