28 Amendments of Laurence SAILLIET related to 2023/0323(COD)
Amendment 36 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The sector engaged in the production, distribution and retail of slow-moving, cultural products, has a unique organisation within the broader retail landscape; a business model that benefits all involved parties by accounting for the structure of the creative and cultural sectors as keepers of large stocks with unique, slow operating cycles and stock rotation; a business model adapted to the distinctive traits of slow-moving and slow-selling cultural products with intrinsic value, unparalleled in other types of retail.
Amendment 36 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The sector engaged in the production, distribution and retail of slow-moving, cultural products, has a unique organisation within the broader retail landscape; a business model that benefits all involved parties by accounting for the structure of the creative and cultural sectors as keepers of large stocks with unique, slow operating cycles and stock rotation; a business model adapted to the distinctive traits of slow-moving and slow-selling cultural products with intrinsic value, unparalleled in other types of retail.
Amendment 37 #
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) The sector engaged in the production, distribution and retail of books has a unique organisation within the broader retail landscape; having developed over decades a balanced business model employing long and flexible payment terms with the main aim of providing a diverse offer of books that enriches European culture; a business model that benefits all involved parties by accounting for the singular structure of bookshops as keepers of large stocks of thousands of unique titles, with infrequent stock rotation; a business model adapted to the distinctive traits of the trade of books, recognising books as slow-moving and slow-selling cultural products with intrinsic value, unparalleled in other types of retail.
Amendment 37 #
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) The sector engaged in the production, distribution and retail of books has a unique organisation within the broader retail landscape; having developed over decades a balanced business model employing long and flexible payment terms with the main aim of providing a diverse offer of books that enriches European culture; a business model that benefits all involved parties by accounting for the singular structure of bookshops as keepers of large stocks of thousands of unique titles, with infrequent stock rotation; a business model adapted to the distinctive traits of the trade of books, recognising books as slow-moving and slow-selling cultural products with intrinsic value, unparalleled in other types of retail.
Amendment 88 #
Proposal for a regulation
Recital 29
Recital 29
(29) Effective access of undertakings, especially of SMEs, to credit management and financial literacy training can have a significant impact in reducing payment delays, maintaining optimal cash flows, reducing the risk of default and increasing the potential for growth. Nevertheless, SMEs often lack the capacity to invest in such training, while very limited trainings and training material focusing on enhancing SMEs’ knowledge of credit and invoice management are currently available. It is therefore appropriate to provide that Member States need to ensure that credit management tools, including factoring and financial literacy trainings are available and accessible to SMEs, including on the use of digital tools for timely payments.
Amendment 88 #
Proposal for a regulation
Recital 29
Recital 29
(29) Effective access of undertakings, especially of SMEs, to credit management and financial literacy training can have a significant impact in reducing payment delays, maintaining optimal cash flows, reducing the risk of default and increasing the potential for growth. Nevertheless, SMEs often lack the capacity to invest in such training, while very limited trainings and training material focusing on enhancing SMEs’ knowledge of credit and invoice management are currently available. It is therefore appropriate to provide that Member States need to ensure that credit management tools, including factoring and financial literacy trainings are available and accessible to SMEs, including on the use of digital tools for timely payments.
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 3 – point c a (new)
Article 1 – paragraph 3 – point c a (new)
(ca) payments resulting from the purchase, sale, delivery, commission or agency operations contributing to the manufacture of books, as well as for the supply of paper and other consumables dedicated to the printing, binding or publishing of books,– in their special position as slow-moving, cultural products – where the payment terms shall be defined by agreement between the concerned parties.
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 3 – point c a (new)
Article 1 – paragraph 3 – point c a (new)
(ca) payments resulting from the purchase, sale, delivery, commission or agency operations contributing to the manufacture of books, as well as for the supply of paper and other consumables dedicated to the printing, binding or publishing of books,– in their special position as slow-moving, cultural products – where the payment terms shall be defined by agreement between the concerned parties.
Amendment 112 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. With the exception of Article 3(1), tThis Regulation shall not affect the provisions laid down in Directive (EU) 2019/633.
Amendment 112 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. With the exception of Article 3(1), tThis Regulation shall not affect the provisions laid down in Directive (EU) 2019/633.
Amendment 121 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘late payment’ means payment of the amount due that is not made within the contractual or statutory payment period as set out in Article 3;
Amendment 121 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘late payment’ means payment of the amount due that is not made within the contractual or statutory payment period as set out in Article 3;
Amendment 150 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, the payment period shall not exceed 360 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 one creditor and the debtor may agree on a payment period longer than 60 days as long as it is justified and previously a gregular 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 producted 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.
Amendment 150 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, the payment period shall not exceed 360 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 one creditor and the debtor may agree on a payment period longer than 60 days as long as it is justified and previously a gregular 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 producted 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.
Amendment 172 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. A procedure of acceptance or verification may be exceptionally provided for in national law only where strictly necessary due to the specific nature of the goods or services. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its duration.
Amendment 172 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. A procedure of acceptance or verification may be exceptionally provided for in national law only where strictly necessary due to the specific nature of the goods or services. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its duration.
Amendment 178 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 178 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 189 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The payment period set out in paragraph 1 is the maximum payment period and is without prejudice to a shorter period which may be provided for in national law.
Amendment 189 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The payment period set out in paragraph 1 is the maximum payment period and is without prejudice to a shorter period which may be provided for in national law.
Amendment 194 #
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. Nevertheless, longer payment terms may be defined by mutual agreements between the parties which are engaged in the production and retail of slow-moving, cultural products, with unique operating cycles and stock rotation of goods.
Amendment 194 #
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. Nevertheless, longer payment terms may be defined by mutual agreements between the parties which are engaged in the production and retail of slow-moving, cultural products, with unique operating cycles and stock rotation of goods.
Amendment 202 #
Proposal for a regulation
Article 3 – paragraph 4 b (new)
Article 3 – paragraph 4 b (new)
4b. Paragraph 1 does not apply to the book sector.
Amendment 202 #
Proposal for a regulation
Article 3 – paragraph 4 b (new)
Article 3 – paragraph 4 b (new)
4b. Paragraph 1 does not apply to the book sector.
Amendment 303 #
Proposal for a regulation
Article 13
Article 13
Amendment 339 #
Proposal for a regulation
Article 14
Article 14
Amendment 357 #
Proposal for a regulation
Article 15
Article 15
Amendment 381 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that credit management tools, including factoring and similar financing services, and financial literacy trainings are available and accessible to small and medium sized enterprises, including on the use of digital tools for timely payments.