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19 Amendments of Catharina RINZEMA related to 2023/0323(COD)

Amendment 45 #
Stéphanie YON-COURTIN, Dita CHARANZOVÁ, Catharina RINZEMA, Morten LØKKEGAARD, Svenja HAHN
Proposal for a regulation
Recital 11
(11) Late payment constitutes a breach of contract which is financially attractive to debtors, due to low or no interest rates charged on late payment, or slow procedures for redress. A decisive shift to a culture of prompt payment, including one in which the exclusion of the right to charge interest for late payment is null and void, is necessary to reverse this trend and to discourage late payment. Consequently, contractual payment periods should be limited to 30 calendar days both in B2B transactions, when the debtor is a large undertaking in the meaning of Article 3(4) of Directive 2013/34/EU and G2B transactions, where the public authority is the debtor.
2023/12/18
Committee: IMCO
Amendment 45 #
Stéphanie YON-COURTIN, Dita CHARANZOVÁ, Catharina RINZEMA, Morten LØKKEGAARD, Svenja HAHN
Proposal for a regulation
Recital 11
(11) Late payment constitutes a breach of contract which is financially attractive to debtors, due to low or no interest rates charged on late payment, or slow procedures for redress. A decisive shift to a culture of prompt payment, including one in which the exclusion of the right to charge interest for late payment is null and void, is necessary to reverse this trend and to discourage late payment. Consequently, contractual payment periods should be limited to 30 calendar days both in B2B transactions, when the debtor is a large undertaking in the meaning of Article 3(4) of Directive 2013/34/EU and G2B transactions, where the public authority is the debtor.
2023/12/18
Committee: IMCO
Amendment 56 #
Stéphanie YON-COURTIN, Dita CHARANZOVÁ, Catharina RINZEMA, Morten LØKKEGAARD, Svenja HAHN
Proposal for a regulation
Recital 13
(13) This Regulation should be without prejudice to shorter or longer periods which may be provided for in national law, and which are more favourable to the creditor.
2023/12/18
Committee: IMCO
Amendment 56 #
Stéphanie YON-COURTIN, Dita CHARANZOVÁ, Catharina RINZEMA, Morten LØKKEGAARD, Svenja HAHN
Proposal for a regulation
Recital 13
(13) This Regulation should be without prejudice to shorter or longer periods which may be provided for in national law, and which are more favourable to the creditor.
2023/12/18
Committee: IMCO
Amendment 124 #
Stéphanie YON-COURTIN, Dita CHARANZOVÁ, Catharina RINZEMA, Morten LØKKEGAARD
Proposal for a regulation
Article 2 – paragraph 1 – point 7
(7) ‘procedure of acceptance or verification’ means the procedure for ascertaining the conformity of the goods delivered or services provided, with the requirements of the contract as well as the verification of the correctness and conformity of the invoice;
2023/12/18
Committee: IMCO
Amendment 124 #
Stéphanie YON-COURTIN, Dita CHARANZOVÁ, Catharina RINZEMA, Morten LØKKEGAARD
Proposal for a regulation
Article 2 – paragraph 1 – point 7
(7) ‘procedure of acceptance or verification’ means the procedure for ascertaining the conformity of the goods delivered or services provided, with the requirements of the contract as well as the verification of the correctness and conformity of the invoice;
2023/12/18
Committee: IMCO
Amendment 142 #
Stéphanie YON-COURTIN, Dita CHARANZOVÁ, Catharina RINZEMA, Morten LØKKEGAARD, Svenja HAHN
Proposal for a regulation
Article 3 – paragraph 1
1. In commercial transactions, the payment period shall not exceed 30 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. Undertakings may mutually agree on a longer payment period, except in cases when the debtor is a large undertaking within the meaning of Article 3(4) of Directive 2013/34/EU or a contracting authority and the creditor is a micro, small or medium-sized enterprise (SMEs) within the meaning of the Commission Recommendation 2003/361/EC. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.
2023/12/18
Committee: IMCO
Amendment 142 #
Stéphanie YON-COURTIN, Dita CHARANZOVÁ, Catharina RINZEMA, Morten LØKKEGAARD, Svenja HAHN
Proposal for a regulation
Article 3 – paragraph 1
1. In commercial transactions, the payment period shall not exceed 30 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. Undertakings may mutually agree on a longer payment period, except in cases when the debtor is a large undertaking within the meaning of Article 3(4) of Directive 2013/34/EU or a contracting authority and the creditor is a micro, small or medium-sized enterprise (SMEs) within the meaning of the Commission Recommendation 2003/361/EC. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.
2023/12/18
Committee: IMCO
Amendment 201 #
Stéphanie YON-COURTIN, Dita CHARANZOVÁ, Catharina RINZEMA, Morten LØKKEGAARD, Svenja HAHN
Proposal for a regulation
Article 3 – paragraph 4 b (new)
4b. The payment period set out in paragraph 1 is also without prejudice to national rules on grouping invoices received by the debtor from the same creditor during a limited period of time.
2023/12/18
Committee: IMCO
Amendment 201 #
Stéphanie YON-COURTIN, Dita CHARANZOVÁ, Catharina RINZEMA, Morten LØKKEGAARD, Svenja HAHN
Proposal for a regulation
Article 3 – paragraph 4 b (new)
4b. The payment period set out in paragraph 1 is also without prejudice to national rules on grouping invoices received by the debtor from the same creditor during a limited period of time.
2023/12/18
Committee: IMCO
Amendment 207 #
Svenja HAHN, Nicola BEER, Andreas GLÜCK, Moritz KÖRNER, Jan-Christoph OETJEN, Catharina RINZEMA
Proposal for a regulation
Article 4
Article 4 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. __________________ 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.deleted
2023/12/18
Committee: IMCO
Amendment 207 #
Svenja HAHN, Nicola BEER, Andreas GLÜCK, Moritz KÖRNER, Jan-Christoph OETJEN, Catharina RINZEMA
Proposal for a regulation
Article 4
Article 4 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. __________________ 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.deleted
2023/12/18
Committee: IMCO
Amendment 308 #
Svenja HAHN, Nicola BEER, Andreas GLÜCK, Moritz KÖRNER, Jan-Christoph OETJEN, Morten LØKKEGAARD, Catharina RINZEMA
Proposal for a regulation
Article 13 – paragraph 1
1. Each Member State shall designate one or more authorities responsible for thensure adequate and effective enforcement of this Regulation (‘enforcement authority’).
2023/12/15
Committee: IMCO
Amendment 309 #
Svenja HAHN, Nicola BEER, Andreas GLÜCK, Moritz KÖRNER, Jan-Christoph OETJEN, Morten LØKKEGAARD, Catharina RINZEMA
Proposal for a regulation
Article 13 – paragraph 1 a (new)
1a. Member States shall lay down rules setting out the measures applicable to infringements of this Regulation and shall ensure that they are implemented. The measures provided for shall be effective, proportionate and dissuasive.
2023/12/15
Committee: IMCO
Amendment 317 #
Svenja HAHN, Nicola BEER, Andreas GLÜCK, Moritz KÖRNER, Jan-Christoph OETJEN, Catharina RINZEMA
Proposal for a regulation
Article 13 – paragraph 2
2. Where appropriate, enforcement authorities shall take measures necessary to ensure that the deadlines for payments are complied with.deleted
2023/12/15
Committee: IMCO
Amendment 323 #
Svenja HAHN, Nicola BEER, Andreas GLÜCK, Moritz KÖRNER, Jan-Christoph OETJEN, Catharina RINZEMA
Proposal for a regulation
Article 13 – paragraph 3
3. Enforcement authorities shall cooperate effectively with each other and with the Commission and shall provide each other with mutual assistance in investigations that have a cross-border dimension.deleted
2023/12/15
Committee: IMCO
Amendment 328 #
Svenja HAHN, Nicola BEER, Andreas GLÜCK, Moritz KÖRNER, Jan-Christoph OETJEN, Catharina RINZEMA
Proposal for a regulation
Article 13 – paragraph 4
4. Enforcement authorities shall coordinate their activities with other authorities responsible for enforcing other Union or national legislation including through exchange of information obligations.deleted
2023/12/15
Committee: IMCO
Amendment 332 #
Svenja HAHN, Nicola BEER, Andreas GLÜCK, Moritz KÖRNER, Jan-Christoph OETJEN, Catharina RINZEMA
Proposal for a regulation
Article 13 – paragraph 5
5. Enforcement authorities shall forward the complaints received regarding late payments in the agricultural and food sector to the competent enforcement authorities under Directive (EU) 2019/633.deleted
2023/12/15
Committee: IMCO
Amendment 338 #
Svenja HAHN, Nicola BEER, Andreas GLÜCK, Moritz KÖRNER, Jan-Christoph OETJEN, Catharina RINZEMA
Proposal for a regulation
Article 14
Article 14 Powers of enforcement authorities 1. Enforcement authorities shall have the necessary resources and expertise to perform their duties, and shall have the following powers: (a) the power to initiate and conduct investigations on their own initiative or based on a complaint; (b) the power to require creditors and debtors to provide all necessary information to conduct investigations related to late payments in commercial transactions; (c) the power to carry out unannounced on-site inspections within the framework of their investigations; (d) the power to take decisions finding an infringement of this Regulation and requiring the debtor to pay interest for late payment as provided for in Article 5 or requiring the debtor to compensate the creditor as provided for in Article 8; (e) the power to impose, or initiate proceedings for the imposition of fines and other penalties and interim measures on the subjects responsible for the infringement; (f) the power to require the debtor to bring the infringement to an end; (g) the power to publish its decisions referred to in paragraphs (d), (e) and (f). 2. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. 3. Member States shall, [by …/without delay], notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.deleted
2023/12/15
Committee: IMCO
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