Changes from plenary report to adopted text

Added(2) Article 12(1) is replaced by the following:

Added‘1. 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.’

Added(3) Article 16(2) is replaced by the following:

Added‘2. The statement of opposition shall be sent to the defendant within 14 days from the date of service of the order for payment.’ [Am. 83]

AddedArticle 17c Amendments to Regulation (EC) No 861/2007

AddedRegulation (EC) No 861/2007 is amended as follows:

Added(1) Article 7 is amended as follows:

Added(a) paragraph 1 is replaced by the following:

Added‘1. 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:

Added(a) invite the parties to provide further information relating to the claim within a specified period, which shall not exceed 14 days;

Added(b) take evidence in accordance with Article 9;

Added(c) summon the parties to an oral hearing, which shall take place within 14 days of the summons.’

Added(b) paragraph 2 is replaced by the following:

Added‘2. Member States shall introduce alternative electronic communication systems that allow secure identification of users. In this case, an electronic signature shall not be required.’

Added(2) In Article 13, the following paragraph is added:

Added‘4a 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.’

Added(3) Article 18(2) is replaced by the following:

Added‘2. 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.’ [Am. 84]

AddedArticle 18 Report

AddedBy [OP: please insert the date = 4years4 years after the entry into force of this Regulation] and every 3 years thereafter, the Commission shall submit a report on theits implementation of this Regulation to the European Parliament and the Council. [Am. 85]

AddedThe report shall assess the following:

Added(a) the impact of the scope as laid down in Article 1, including the impact on specific sectors and on specific business models;

Added(b) the impact of the measures implemented, in particular regarding the payment periods as laid down in Article 3, on increasing the cash flow and liquidity on the market;

Added(c) the effectiveness of the enforcement authorities as laid down in Articles 13, 14 and 15;

Added(d) the potential benefits, of introducing EU wide e-invoicing, to shortening payment periods on the market; [Am. 86]

AddedMember States shall provide the Commission with the necessary information for the preparation of that report, including information regarding the investigations, inspections, decisions, proceedings and publications of the enforcement authorities referred to in Article 14(1). [Am. 87]

AddedThe report shall include an evaluation of the impact of this Regulation on the commercial transactions and of the impact of the European Observatory of late payments on monitoring late payment practices in the EU. [Am. 88]

AddedThe report shall be accompanied by a legislative proposal, if necessary and appropriate. [Am. 89]

AddedArticle 19 Repeal

AddedDirective 2011/7/EU is repealed.

AddedHowever, from [the date of application of this Regulation] until [24 months after the entry into force of this Regulation], it shall continue to apply to the situations where micro-undertakings referred to in Article 3(1) of Directive 2013/34/EU and self-employed are debtors. [Am. 90]

AddedReferences to the repealed Directive shall be construed as references to this Regulation.

AddedArticle 20 Entry into force and application

Added1. This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Added2. It shall apply from [OP: please insert the date = 1218 months after the date of entry into force of this Regulation], subject to Article 19, second subparagraph. [Am. 91]

Added3. Commercial transactions carried out after the date of application of this Regulation shall be subject to the provisions of the present Regulation, including when the underlying contract has been concluded before that date.

AddedThis Regulation shall be binding in its entirety and directly applicable in all Member States.

AddedDone at …,

AddedFor the European Parliament For the Council

AddedThe President The President