Changes from plenary report to adopted text

Added1a. Enforcement authorities shall be independent from other public authorities, including those involved in public procurement procedures. [Am. 64]

Added2. Where appropriate, enforcement authorities shall take proportionate measures necessary to ensure that the deadlines for payments are complied with. [Am. 65]

Added3. 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. [Am. 66]

Added3a. 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. [Am. 67]

Added4. Enforcement authorities shall coordinate their activities with other authorities responsible for enforcing other Union or national legislation including through exchange of information obligations.

Added5. 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. [Am. 68]

Added5a. This Article shall be without prejudice to the provisions of Regulations (EC) No 805/2004, (EC) No 1896/2006, (EC) No 861/2007 and (EU) No 1215/2012. [Am. 69]

AddedArticle 14 Powers of enforcement authorities

Added1. Enforcement authorities shall have the necessary human, financial and technical resources and expertise to perform their duties effectively, and shall have the following powers: [Am. 70]

Added(a) the power to initiate and conduct investigations on their own initiative or based on a complaint;

Added(b) the power to require creditors and debtors to provide all necessary information to conduct investigations related to late payments in commercial transactions;

Added(c) the power to carry out unannounced on-site inspections within the framework of their investigations;

Added(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; [Am. 71]

Added(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;

Added(f) the power to require the debtor to bring the infringement to an end;

Added(g) the power to publish its decisions referred to in paragraphs (d), (e) and (f).

AddedThe Commission shall assess how the enforcement authorities carry out all the tasks conferred to them under this Regulation. [Am. 72]

Added2. 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.

Added3. Member States shall, [by …/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. [Am. 73]

AddedArticle 15 Complaints and confidentiality

Added1. 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.

Added2. 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.

Added3. 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 shallmay submit a complaint to the enforcement authority anonymously or identify any information for which it requests confidentiality. [Am. 74]

Added4. The enforcement authority that receives the complaint shall inform the complainant within a reasonable period of time30 days after the receipt of the complaint of how it intends to follow up on the complaint. [Am. 75]

Added5. 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 time30 days after the receipt of the complaint. [Am. 76]

Added6. 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 time90 days after the receipt of the complaint. [Am. 77]

Added7. 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.

Added7a. The Commission shall make a standard EU complaint form available for the enforcement authorities of the Member States. [Am. 78]

AddedArticle 16 Alternative dispute resolution

Added1. 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. [Am. 79]

Added2. Alternative dispute resolution mechanisms for late payment disputes shall encourage the parties to a dispute to find the solution by themselves and shall be fast, efficient, and cost-effective, while maintaining confidence and trust between the parties.

AddedArticle 16a Reporting obligations

Added1. Contracting authorities, as referred to in Article 2(1) of Directive 2014/24/EU, shall report on a yearly basis on their payment practices.

Added2. Reporting obligation referred to in paragraph 1 shall contain:

Added(a) the amount, in EUR paid:

Added- 1 to 30 days after the deadline referred to in Article 3 of this Regulation;

Added- 31 to 60 days after the deadline referred to in Article 3 of this Regulation;

Added- 61 to 90 days after the deadline referred to in Article 3 of this Regulation;

Added- more than 90 days after the deadline referred to in Article 3 of this Regulation;

Added(b) average time to pay an invoice.

Added3. 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. [Am. 80]

AddedArticle 17 Digital tools, credit management and financial literacy training

Added1. To the extent possible, Member States shall use digital tools for effective enforcement of this Regulation.

Added2. Member States shall ensure that invoice and credit management tools, including factoring and similar financing services, as well as and financial literacy trainings and any other initiatives that tackle late payment are available and accessible to small and medium sized enterprises, including on the use of digital tools for timely payments. [Am. 81]

AddedArticle 17a European Observatory of late payments

Added1. The Commission shall set up an Observatory of Late Payment (The Observatory) by ... [OP: date of application of this Regulation].

Added2. The Observatory shall monitor payment as well as late payment practices within the Union in order to collect and share expertise, best practices and identify potential harmful practices, as well as effectiveness of enforcement authorities in carrying out their tasks, with a view to provide the Commission with advice and expertise on the evolution of payment and late payment practices.

Added3. Member States shall communicate to the Observatory:

Added(a) lists of goods and services subject to the procedure of acceptance or verification set out in Article 3(2);

Added(b) aggregated data containing information referred to in Articles 13(3a), 14(1), 14(2) and 16a(3);

Added(c) information regarding enforcement authorities, number of complaints and investigations and measures taken;

Added4. The Observatory shall issue annual reports, opinions and written contributions related to the implementation of this Regulation, including the assessment and guidelines for the effective enforcement of this Regulation.

Added5. The Observatory shall be chaired by the Commission and shall be composed of representatives of relevant experts and stakeholders. The composition of the board shall ensure a balanced representation of all interested stakeholders. [Am. 82]

AddedArticle 17b Amendments to Regulation (EC) No 1896/2006

AddedRegulation (EC) No 1896/2006 is amended as follows:

Added(1) Article 7 is amended as follows:

Added(a) paragraph 5 is replaced by the following:

Added‘5. The application shall be submitted electronically.’

Added(b) paragraph 6 is replaced by the following:

Added‘6. 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.’