Changes from plenary report to adopted text

AddedHAVE ADOPTED THIS REGULATION:

RemovedArticle 8 – paragraph 2: 2. The flat fee compensation referred to in paragraph 1 shall be payable by the debtor to the creditor as a compensation for the creditor’s own recovery costs.

AddedArticle 1 Scope

RemovedArticle 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, when the debtor is a public authority or a large undertaking.

Added-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 SMEs. [Am. 26]

RemovedArticle 9 – title: Prohibition of certain contractual terms and practices

Added1. This Regulation shall apply to payments made in transactions between undertakings or between undertakings and public authorities, where the public authority is the debtor, which lead to the delivery of goods or the provision of services for remuneration (‘commercial transactions’).

RemovedArticle 9 – paragraph 1 – introductory part: 1. The following contractual terms and practices shall be null and void, and in any case shall be prohibited:

Added2. The delivery of goods or the provision of services referred to in paragraph 1 shall include the design and execution of public works, construction and civil engineering works.

RemovedArticle 9 – paragraph 1 – point b a (new): (ba) excluding or limiting the right of the creditor to: / (i) make assignments of the credit to third parties for the purpose of accessing financing services; / (ii) make use of an executive order of payments issued by a court;

Added3. This Regulation shall not apply to any of the following payments:

RemovedArticle 9 – paragraph 1 – point d: (d) preventing or postponing the moment of sending the invoice by the debtor;

Added(a) payments for transactions with consumers;

RemovedArticle 9 – paragraph 1 – point d a (new): (da) prohibiting, excluding or limiting the assignment of receivables to relevant financial institution;

Added(b) payments made as compensation for damages, including payments from insurance companies; [Am. 27]

RemovedArticle 9 – paragraph 1 – point d b (new): (db) using means of payment altering payment terms.

Added(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) 2019/1023 of the European Parliament and of the Council.

RemovedArticle 11 – title: Transparency and awareness raising

Added(ca) Payments resulting from purchases, sales, deliveries, commissions 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. [Am. 109]

RemovedArticle 11 – paragraph 2 a (new): 2a. Member States shall, where appropriate, use professional publications, promotion campaigns or any other functional means to increase awareness of the remedies for late payment among undertakings.

AddedNotwithstanding point (b), payments made in performance of the obligations stemming from insurance contracts are covered by this Regulation. [Am. 28]

RemovedArticle 12 – paragraph 1: 1. Creditors shall obtain an enforceable title, including through an expedited procedure and irrespective of the amount of debt, within 60 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.

Added4. With the exception of Article 3(1), This Regulation shall not affect the provisions laid down in Directive (EU) 2019/633. [Am. 29]

RemovedArticle 12 – paragraph 3: 3. This Article shall be without prejudice to the provisions of Regulation (EC) 1896/2006 and Regulation (EC) No 861/2007.

AddedArticle 2 Definitions

RemovedArticle 13 – paragraph 1: 1. Each Member State shall designate one or more authorities responsible for the enforcement of this Regulation (‘enforcement authority’) and notify them to the Commission without undue delay. Member States shall provide the authorities with appropriate human, technical and financial resources to carry out its tasks and use its powers efficiently.

AddedFor the purposes of this Regulation, the following definitions shall apply:

RemovedArticle 13 – paragraph 1 a (new): 1a. Enforcement authorities shall be independent from other public authorities, including those involved in public procurement procedures.

Added(-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; [Am. 30]

RemovedArticle 13 – paragraph 2: 2. Where appropriate, enforcement authorities shall take proportionate measures necessary to ensure that the deadlines for payments are complied with.

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

RemovedArticle 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. The Commission shall facilitate the effective cooperation of the enforcement authorities.

Added(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; [Am. 31]

RemovedArticle 13 – paragraph 3 a (new): 3a. Enforcement authorities shall make publicly available aggregated information regarding the number of complaints lodged against undertakings and public authorities due to violation of Article 3 of this Regulation.

Added(3) ‘late payment’ means a payment of an amount due that is not made within the contractual or statutory payment period as set out in Article 3; [Am. 32]

RemovedArticle 13 – paragraph 5: 5. Where appropriate, 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.

Added(4) ‘amount due’ means the sum which should have been paid within the contractual or statutory payment period, as set out in Article 3, including the applicable taxes, duties, levies or charges specified in the invoice or the equivalent request for payment;

RemovedArticle 13 – paragraph 5 a (new): 5a. This Article shall be without prejudice to the provisions of Regulations (EC) 805/2004, (EC) 1896/2006, (EC) 861/2007 and (EU) 1215/2012.

Added(5) ‘enforceable title’ means any decision, judgement, order for payment issued by a court or other competent authority, private deed or any other document issued, including those that are provisionally enforceable, whether for immediate payment or payment by instalments, which permits the creditor to have his or her claim against the debtor collected by means of forced execution;

RemovedArticle 14 – paragraph 1 – introductory part: 1. Enforcement authorities shall have the necessary human, financial and technical resources and expertise to perform their duties effectively, and shall have the following powers:

Added(6) ‘retention of title’ means the contractual agreement according to which the seller retains title to the goods in question until the price has been paid in full;

RemovedArticle 14 – paragraph 1 – point d: (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 or both;

Added(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 of the invoice and its conformity with those requirements; [Am. 33]

RemovedArticle 14 – paragraph 1 – subparagraph 1 a (new): The Commission shall assess how the enforcement authorities carry out all the tasks conferred to them under this Regulation.

Added(8) ‘debtor‘ means any natural or legal person or any public authority that owes a payment for a good delivered, or to be delivered, or a service provided, or to be provided; [Am. 34]

RemovedArticle 14 – paragraph 3: 3. Member States shall, [without undue delay and in any case not later than 12 months from the entry into force of this Regulation], notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

Added(9) ‘creditor‘ means any natural or legal person or any public authority that delivered, or is obliged to deliver, goods to a debtor or provided, or is obliged to provide, services to a debtor.; [Am. 35]

RemovedArticle 15 – paragraph 3: 3. The enforcement authority shall take the necessary measures for the appropriate protection of the identity of the complainant. The complainant may submit a complaint to the enforcement authority anonymously or identify any information for which it requests confidentiality.

Added(9a) ‘large undertaking’ means an ‘undertaking’ as defined in Article 3, point (4), of Directive 2013/34/EU. [Am. 36]

RemovedArticle 15 – paragraph 4: 4. The enforcement authority that receives the complaint shall inform the complainant within 30 days after the receipt of the complaint of how it intends to follow up on the complaint.

Added(9b) ‘slow-moving goods’ means goods in the retailer’s possession, from actual supply by the manufacturer or the wholesaler to final retail sale, for more than 60 days on average; [Am. 37]

RemovedArticle 15 – paragraph 5: 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 30 days after the receipt of the complaint.

Added(9c) ‘seasonal goods’ means goods the demand for which increases, in a significant manner, regularly at certain times or seasons of the year; [Am. 38]

RemovedArticle 15 – paragraph 6: 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 90 days after the receipt of the complaint.

Added(9d) ‘Book chain’ means all the players and suppliers involved in the process of producing and marketing paper or digital books, and, in particular, the players in the book industry (author, publisher, printer, distributor, bookshop) and their suppliers. [Am. 94]

RemovedArticle 15 – paragraph 7 a (new): 7a. The Commission shall make a standard EU complaint form available for the enforcement authorities of the Member States.

AddedArticle 3 Payment periods

RemovedArticle 16 – paragraph 1: 1. Without prejudice to the right of creditors to submit complaints under Article 15, and to the obligations and powers of enforcement authorities laid down in Articles 13, 14, and 15, Member States shall promote the voluntary use of effective and independent alternative dispute resolution mechanisms for the settlement of disputes between debtors and creditors. Notwithstanding the provisions of Articles 5(3), 8(3), and 9(1) point (b) of this Regulation, parties to the agreement may engage in negotiations to reach an amicable settlement regarding disputed debts.

Added1. 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. Where the date of the receipt of the invoice or the equivalent request for payment is uncertain, the payment period shall not exceed 30 calendar days from 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. [Am. 39]

RemovedArticle 16 a (new): Article 16a / Reporting obligations / 1. Contracting authorities, as referred to in Article 2(1) of Directive 2014/24/EU, shall report on a yearly basis on their payment practices. / 2. Reporting obligation referred to in paragraph 1 shall contain: / (a) the amount, in EUR paid: / – 1 to 30 days after the deadline referred to in Article 3 of this Regulation; / – 31 to 60 days after the deadline referred to in Article 3 of this Regulation; / – 61 to 90 days after the deadline referred to in Article 3 of this Regulation; / – more than 90 days after the deadline referred to in Article 3 of this Regulation; / (b) average time to pay an invoice. / 3. The report referred to in paragraph 1 of this Article shall be submitted, in an electronic form, by the contracting authorities to the Member State enforcement authority referred to in Article 13 and be accessible to the public.