[ParlTrack]

Proposal for a regulation
Recital 9 a (new)

(9a) The sector engaged in the production, distribution and retail of slow-moving, cultural products, has a unique organisation within the broader retail landscape; a business model that benefits all involved parties by accounting for the structure of the creative and cultural sectors as keepers of large stocks with unique, slow operating cycles and stock rotation; a business model adapted to the distinctive traits of slow-moving and slow-selling cultural products with intrinsic value, unparalleled in other types of retail.

2023/12/18
Committee: IMCO

Geoffroy DIDIER, Laurence SAILLIET

Proposal for a regulation
Recital 9 b (new)

(9b) The sector engaged in the production, distribution and retail of books has a unique organisation within the broader retail landscape; having developed over decades a balanced business model employing long and flexible payment terms with the main aim of providing a diverse offer of books that enriches European culture; a business model that benefits all involved parties by accounting for the singular structure of bookshops as keepers of large stocks of thousands of unique titles, with infrequent stock rotation; a business model adapted to the distinctive traits of the trade of books, recognising books as slow-moving and slow-selling cultural products with intrinsic value, unparalleled in other types of retail.

2023/12/18
Committee: IMCO

Laurence SAILLIET, Geoffroy DIDIER

Proposal for a regulation
Recital 29

(29) Effective access of undertakings, especially of SMEs, to credit management and financial literacy training can have a significant impact in reducing payment delays, maintaining optimal cash flows, reducing the risk of default and increasing the potential for growth. Nevertheless, SMEs often lack the capacity to invest in such training, while very limited trainings and training material focusing on enhancing SMEs’ knowledge of credit and invoice management are currently available. It is therefore appropriate to provide that Member States need to ensure that credit management tools, including factoring and financial literacy trainings are available and accessible to SMEs, including on the use of digital tools for timely payments.

2023/12/18
Committee: IMCO

Geoffroy DIDIER, Laurence SAILLIET

Proposal for a regulation
Article 1 – paragraph 3 – point c a (new)

(ca) payments resulting from the purchase, sale, delivery, commission or agency operations contributing to the manufacture of books, as well as for the supply of paper and other consumables dedicated to the printing, binding or publishing of books,– in their special position as slow-moving, cultural products – where the payment terms shall be defined by agreement between the concerned parties.

2023/12/18
Committee: IMCO

Laurence SAILLIET, Geoffroy DIDIER

Proposal for a regulation
Article 1 – paragraph 4

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

2023/12/18
Committee: IMCO

Laurence SAILLIET, Geoffroy DIDIER

Proposal for a regulation
Article 2 – paragraph 1 – point 3

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

2023/12/18
Committee: IMCO

Laurence SAILLIET, Geoffroy DIDIER

Proposal for a regulation
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.

2023/12/18
Committee: IMCO

Laurence SAILLIET, Geoffroy DIDIER

Proposal for a regulation
Article 3 – paragraph 2

2. A procedure of acceptance or verification may be ~~exceptionally~~ provided for in national law ~~only where strictly necessary due to the specific nature of the goods or services~~. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its duration.

2023/12/18
Committee: IMCO

Laurence SAILLIET, Geoffroy DIDIER

Proposal for a regulation
Article 3 – paragraph 3

3. Where the contract provides for a procedure of acceptance or verification, in accordance with paragraph 2, the maximum duration of that procedure shall not exceed 30 calendar days from the date of receipt of the goods or services by the debtor, even if such goods or services are supplied prior to the issuance of the invoice or an equivalent request for payment. In this case, the debtor shall initiate the procedure for acceptance or verification immediately upon reception from the creditor of the goods and/or the services that are the object of the commercial transaction. The payment period shall not exceed 30 calendar days after such procedure has taken place.deleted

2023/12/18
Committee: IMCO

Laurence SAILLIET, Geoffroy DIDIER

Proposal for a regulation
Article 3 – paragraph 4

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

2023/12/18
Committee: IMCO

Geoffroy DIDIER, Laurence SAILLIET

Proposal for a regulation
Article 3 – paragraph 4 a (new)

4a. Nevertheless, longer payment terms may be defined by mutual agreements between the parties which are engaged in the production and retail of slow-moving, cultural products, with unique operating cycles and stock rotation of goods.

2023/12/18
Committee: IMCO

Geoffroy DIDIER, Laurence SAILLIET

Proposal for a regulation
Article 3 – paragraph 4 b (new)

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

2023/12/18
Committee: IMCO

Laurence SAILLIET, Geoffroy DIDIER

Proposal for a regulation
Article 13

Article 13 Enforcement authorities 1. Each Member State shall designate one or more authorities responsible for the enforcement of this Regulation (‘enforcement authority’). 2. Where appropriate, enforcement authorities shall take measures necessary to ensure that the deadlines for payments are complied with. 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. 4. Enforcement authorities shall coordinate their activities with other authorities responsible for enforcing other Union or national legislation including through exchange of information obligations. 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

Laurence SAILLIET, Geoffroy DIDIER

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

Laurence SAILLIET, Geoffroy DIDIER

Proposal for a regulation
Article 15

Article 15 Complaints and confidentiality 1. Creditors may address complaints either to the enforcement authority of the Member State in which they are established or to the enforcement authority of the Member States in which the debtor is established. The enforcement authority to which the complaint is addressed shall be competent to enforce this Regulation. 2. Organisations officially recognised as representing creditors or organisations with a legitimate interest in representing undertakings shall have the right to submit a complaint to the enforcement authorities referred to in Article 13 at the request of one or more of their members or, where appropriate, at the request of one or more members of their member organisations, where those members consider that they have been affected by an infringement of this Regulation. 3. Where the complainant so requests, the enforcement authority shall take the necessary measures for the appropriate protection of the identity of the complainant. The complainant shall identify any information for which it requests confidentiality. 4. The enforcement authority that receives the complaint shall inform the complainant within a reasonable period of time after the receipt of the complaint of how it intends to follow up on the complaint. 5. Where an enforcement authority considers that there are insufficient grounds for acting on a complaint, it shall inform the complainant of the reasons of its decision within a reasonable period of time after the receipt of the complaint. 6. Where an enforcement authority considers that there are sufficient grounds for acting on a complaint, it shall initiate, conduct and conclude an investigation of the complaint within a reasonable period of time. 7. Where an enforcement authority finds that a debtor has infringed this Regulation, it shall require the debtor to bring the illegal practice to an end.deleted

2023/12/15
Committee: IMCO

Laurence SAILLIET, Geoffroy DIDIER

Proposal for a regulation
Article 17 – paragraph 2

2. Member States shall ensure that credit management tools, including factoring and similar financing services, and financial literacy trainings are available and accessible to small and medium sized enterprises, including on the use of digital tools for timely payments.

2023/12/15
Committee: IMCO

16 Amendments of Laurence SAILLIET related to 2023/0323(COD)

ParlTrack - 2011-2024