Combating late payment in commercial transactions

Wording as published by the EP, in English.

1. Amendment 92Adopted

   Recital 9 a (new)

   Tabled by Emmanuel Maurel · The Left

   Added: (9a) Cultural diversity is enshrined in Article 157 TFEU and must be protected, and the cultural economic sectors have specific characteristics, in particular slow turnover in the book trade.

2. Amendment 94Adopted

   Article 2 – paragraph 1 – point 9 a (new)

   Tabled by Emmanuel Maurel · The Left

   Added: (9a) "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.

3. Amendment 109Adopted

   Article 1 – paragraph 3 – point c a (new)

   Tabled by Stéphanie Yon-Courtin, Sandro Gozi, Laurence Farreng +43 · Members

   Added: (c a) 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.

4. Amendment 110Rejected

   Article 3 – paragraph 1

   Tabled by Svenja Hahn, Moritz Körner, Jan-Christoph Oetjen +37 · PPE MEPs

   1. In commercial transactions, Added: where the debtor is a public authority, the payment period shall not exceed 30 calendar days, from the date … by the debtor, provided that the debtor has received the goods or Removed: services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same Added: 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 Removed: 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. Added: not exceed 30 calendar days from the date of receipt of the goods or services. In commercial transactions between undertakings, 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, unless otherwise expressly agreed in the contract and provided it is not grossly unfair to the creditor.

5. Amendment 110Rejected

   Article 3 – paragraph 1

   Tabled by Svenja Hahn, Moritz Körner, Jan-Christoph Oetjen +37 · PPE MEPs

   1. In commercial transactions, Added: where the debtor is a public authority, the payment period shall not exceed 30 calendar days, from the date … by the debtor, provided that the debtor has received the goods or Removed: services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same Added: 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 Removed: 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. Added: not exceed 30 calendar days from the date of receipt of the goods or services. In commercial transactions between undertakings, 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, unless otherwise expressly agreed in the contract and provided it is not grossly unfair to the creditor.

6. Amendment 112Rejected

   Article 4

   Tabled by Svenja Hahn, Moritz Körner, Jan-Christoph Oetjen +35 · PPE MEPs

   Removed: 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. Added: deleted