[ParlTrack]

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN, Lara COMI, Maria da Graça CARVALHO

Proposal for a regulation
Recital 4

(4) ~~Although j~~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. __________________ 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

2023/12/18
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN, Lara COMI, Maria da Graça CARVALHO

Proposal for a regulation
Recital 4

(4) ~~Although j~~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. __________________ 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

2023/12/18
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN, Lara COMI, Maria da Graça CARVALHO

Proposal for a regulation
Recital 8

(8) Provisions should be laid down to prevent late payments in commercial transactions, consisting in the delivery of goods or supply of services for remuneration, irrespective of whether they are carried out between undertakings or between undertakings and contracting authorities/entities, where the latter are the debtor, given these contracting authorities/entities handle a considerable. 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 viol~~ume of payments to undertaking~~ates 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.

2023/12/18
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN, Lara COMI, Maria da Graça CARVALHO

Proposal for a regulation
Recital 8

(8) Provisions should be laid down to prevent late payments in commercial transactions, consisting in the delivery of goods or supply of services for remuneration, irrespective of whether they are carried out between undertakings or between undertakings and contracting authorities/entities, where the latter are the debtor, given these contracting authorities/entities handle a considerable. 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 viol~~ume of payments to undertaking~~ates 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.

2023/12/18
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN

Proposal for a regulation
Recital 17

(17) It should not be possible for the creditor to waive its right to obtain interests for late payments, as interests for late payments have a double function: to offset part of the damage suffered by the creditor, because of the delay, and to sanction the debtor for the breach of contract. To facilitate receipt of interest and compensation in case of late payment by the creditor, the right for the creditor to obtain them should be automatic, except when the payment delay is not due to the debtor’s fault.deleted

2023/12/18
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN

Proposal for a regulation
Recital 17

(17) It should not be possible for the creditor to waive its right to obtain interests for late payments, as interests for late payments have a double function: to offset part of the damage suffered by the creditor, because of the delay, and to sanction the debtor for the breach of contract. To facilitate receipt of interest and compensation in case of late payment by the creditor, the right for the creditor to obtain them should be automatic, except when the payment delay is not due to the debtor’s fault.deleted

2023/12/18
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN, Lara COMI, Maria da Graça CARVALHO

Proposal for a regulation
Recital 32

(32) To provide sufficient time for all relevant actors to put in place the arrangements needed to comply with this Regulation, its application should be deferred. ~~Howev~~In order, to ensure ~~better protect~~legal certainty, the provisions 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 applicationis 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.

2023/12/18
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN, Lara COMI, Maria da Graça CARVALHO

Proposal for a regulation
Recital 32

(32) To provide sufficient time for all relevant actors to put in place the arrangements needed to comply with this Regulation, its application should be deferred. ~~Howev~~In order, to ensure ~~better protect~~legal certainty, the provisions 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 applicationis 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.

2023/12/18
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN

Proposal for a regulation
Article 1 – paragraph 4

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

2023/12/18
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN

Proposal for a regulation
Article 1 – paragraph 4

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

2023/12/18
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Lara COMI, Maria da Graça CARVALHO

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

(2) ‘public authority’ means any contracting authority, as defined in Article 6(1) of Directive 2014/23/EU, Article 2(1), point (1), of Directive 2014/24/EU or in Article 3(1) of Directive 2014/25/EU, regardless of the subject or value of the contract;

2023/12/18
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Lara COMI, Maria da Graça CARVALHO

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

(2) ‘public authority’ means any contracting authority, as defined in Article 6(1) of Directive 2014/23/EU, Article 2(1), point (1), of Directive 2014/24/EU or in Article 3(1) of Directive 2014/25/EU, regardless of the subject or value of the contract;

2023/12/18
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Lara COMI

Proposal for a regulation
Article 3 – paragraph 1

1. Between public authorities and undertakings the payment period shall not exceed 30 calendar days. In commercial transactions, the payment period shall not exceed 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 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 productsAn 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.

2023/12/18
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Lara COMI

Proposal for a regulation
Article 3 – paragraph 1

1. Between public authorities and undertakings the payment period shall not exceed 30 calendar days. In commercial transactions, the payment period shall not exceed 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 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 productsAn 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.

2023/12/18
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER

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~~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 ~~specific nature of the go~~case if a payment periods o~~r services. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its duration~~f more than 120 days has been agreed. The presumption can be rebutted in individual cases.

2023/12/18
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER

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~~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 ~~specific nature of the go~~case if a payment periods o~~r services. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its duration~~f more than 120 days has been agreed. The presumption can be rebutted in individual cases.

2023/12/18
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Lara COMI

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 360 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 360 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.

2023/12/18
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Lara COMI

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 360 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 360 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.

2023/12/18
Committee: IMCO

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)

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

2023/12/18
Committee: IMCO

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)

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

2023/12/18
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN, Arba KOKALARI

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

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN, Arba KOKALARI

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

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN

Proposal for a regulation
Article 5 – paragraph 1

1. In case of late payment, the debtor shall ~~be liable to~~ pay interest for late payment, except where the debtor is not responsible for the payment delay.

2023/12/15
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN

Proposal for a regulation
Article 5 – paragraph 3

~~3. It shall not be possible for the creditor to waive its right to obtain interest for late payment.~~deleted

2023/12/15
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN

Proposal for a regulation
Article 5 – paragraph 6 – introductory part

6. WIf the re ~~the conditions set out in~~quirements of paragraph 2 are ~~satisfied~~met, interest ~~for late payment shall start accruing from the last one of~~on arrears shall commence on the day following the following events:

2023/12/15
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN, Maria da Graça CARVALHO

Proposal for a regulation
Article 8 – paragraph 3

~~3. It shall not be possible for the creditor to waive its right to obtain the flat fee compensation laid down in paragraph 1.~~deleted

2023/12/15
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Maria da Graça CARVALHO

Proposal for a regulation
Article 9 – paragraph 1 – introductory part

1. The following contractual terms ~~and practices~~ shall be null and void:

2023/12/15
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN, Lara COMI, Maria da Graça CARVALHO

Proposal for a regulation
Article 9 – paragraph 1 – point d

~~(d) intentionally delaying or preventing the moment of sending the invoice.~~deleted

2023/12/15
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN, Lara COMI, Maria da Graça CARVALHO

Proposal for a regulation
Article 9 – paragraph 2

2. Member States shall ensure that adequate and effective means exist to end ~~the~~ contractual ~~terms and practices referred to in paragraph 1~~practices like intentionally delaying or preventing the moment of sending the invoice.

2023/12/15
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN, Lara COMI

Proposal for a regulation
Article 12 – paragraph 1

1. Creditors shall obtain an enforceable title, including through an expedited procedure and irrespective of the amount of debt, within 930 calendar days of the lodging of the action or application at the court or other competent authority, provided that the debt and the procedure are not disputed.

2023/12/15
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN, Lara COMI

Proposal for a regulation
Article 12 – paragraph 3

3. This Article shall be without prejudice to the provisions of Regulation (EC) 1896/2006 and Regulation (EC) No 861/2007.

2023/12/15
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN, Arba KOKALARI, Lara COMI

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

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN, Arba KOKALARI, Lara COMI

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

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN, Arba KOKALARI, Lara COMI

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

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Marion WALSMANN

Proposal for a regulation
Article 17 – paragraph 1

1. ~~To the extent possible, Member States shall use digital tools for effective enforcement of this Regulation~~Member States shall use digital tools as soon as possible for the effective enforcement of this Regulation and of Regulations (EC) No 805/2004, (EC) No 1896/2006, (EC) No 861/2007 and (EU) No 1215/2012. It shall be possible to submit all forms digitally by 2027. Applicants shall be informed of their entitlement to interest on arrears in accordance with Article 5 and compensation for debt collection costs in accordance with Article 8 by means of a separate, clearly recognizable notice as part of the electronic application. In this context, separate reference shall be made to Article 8 (4) and (5).

2023/12/15
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER

Proposal for a regulation
Article 17 a (new)

Article 17a Amendments to Regulation (EC) No 1896/2006 Regulation (EC) No 1896/2006 is amended as follows: (1) Article 7 is amended as follows: (a) paragraph 5 is replaced by the following: "The application shall be submitted electronically." (b) paragraph 6 is replaced by the following: "The application shall be signed electronically in accordance with Article [2(2)] of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market . This signature shall be recognized in the Member State of origin without any further conditions being imposed. Member States shall introduce alternative electronic communication systems that allow secure identification of users. In this case, an electronic signature shall not be required." (2) Article 12(1) is amended as follows: "If the conditions set out in Article 8 are fulfilled, the court shall issue a European order for payment using form E as set out in Annex V within 14 days of the lodging of an application. In calculating the 14- day period, the time taken by the claimant to complete, correct or amend the application shall not be taken into account." (3) Article 16(2) is amended as follows: "The statement of opposition shall be sent to the defendant within 14 days from the date of service of the order for payment."

2023/12/15
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER

Proposal for a regulation
Article 17 b (new)

Article 17b Amendments to Regulation (EC) No 861/2007 Regulation (EC) No 861/2007 is amended as follows: (1) Article 7 is amended as follows: (a) paragraph 1 is replaced by the following: "Within 14 days of receiving the defendant's or claimant's replies within the time limit laid down in Article 5(3) or (6), the court shall give judgment or proceed as follows: (a) invite the parties to provide further information relating to the claim within a specified period, which shall not exceed 14 days; (b) take evidence in accordance with Article 9; c) summon the parties to an oral hearing, which shall take place within 14 days of the summons." (b) paragraph 2 shall be replaced by the following: "Member States shall introduce alternative electronic communication systems that allow secure identification of users. In this case, an electronic signature shall not be required." 2. The following paragraph 5 shall be added to Article 13: "5. The documents referred to in Article 5(2) and (6) and judgments given in accordance with Article 7 shall be served by electronic means from 1 January 2027. Service shall be evidenced by an acknowledgement of receipt stating the date of receipt. All correspondence other than that referred to in paragraph 1 between the court and the parties or other persons involved in the proceedings shall be transmitted by electronic means with acknowledgement of receipt. Member States shall provide the technical means necessary for this by 1 January 2027." 3. Article 18(2) is amended as follows; "The time limit for requesting a review of the judgment shall be 14 days. It shall commence on the day on which the defendant actually became aware of the content of the judgment and was in a position to act accordingly, but no later than the day of the first enforcement measure that resulted in the defendant's assets being wholly or partially withdrawn from his disposal. An extension of this period is excluded."

2023/12/15
Committee: IMCO

Andreas SCHWAB, Christian DOLESCHAL, Geoffroy DIDIER, Barbara THALER, Lara COMI

Proposal for a regulation
Article 20 – paragraph 3

3. Co~~mmercial transactions carried out after~~ntracts concluded after the date of application of this Regulation shall be subject to the provisions of this Regulation. Long-term contracts concluded before the date of application of this Regulation shall be subject to the provisions of th~~e present~~is Regulation~~, including when the underlying contract has been concluded before that dat~~ for the part of the remuneration to be paid after its entry into force for transactions concluded before the entry into force of this Regulation for the part of the remuneration invoiced after its entry into force.

2023/12/15
Committee: IMCO

38 Amendments of Andreas SCHWAB related to 2023/0323(COD)

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