Brussels, 28/05/2010 (Agence Europe) - Progress is slow in the talks at the Council of Ministers over the draft amendment to EU Directive 200/35/EC on invoice payment deadline. One of the stumbling blocks is whether some industries, like healthcare, should be given longer than the normal 30 day deadline for public authorities to pay their bills.
In a compromise bid submitted to the member states' delegations earlier in the month which EUROPE has seen, the Spanish Presidency introduces exemptions to the general 30-day rule. Over a three to five-year transition period, healthcare industry public authorities would have 60 days to pay their bills. Twelve member states (Germany, Austria, Denmark, Estonia, Finland, Ireland, Italy, the Czech Republic, the Netherlands, Poland, Slovenia and Sweden) and the European Commission oppose the idea of industry sector-specific exceptions. France is pushing strongly for derogations for state hospitals so that they always have 60 days to pay their bills. Six member states (Belgium, Bulgaria, Cyprus, Greece, Poland and Romania) support France in this. The European Parliament's internal market committee supports the French view (see EUROPE 10128).
The Spanish Presidency also suggests that parties should be able to mutually agree to not abide by the general 30-day rule for contracts for the buying and selling of land and buildings and the supply of financial services to raise capital, and also when granting public contract under public competitive tendering when public authorities negotiate the terms of contracts with potential private partners.
When it comes to penalties for public authorities that do not meet their payment deadlines, the Spanish Presidency scraps the idea of levying a surcharge of 5% of the amount due that was initially suggested by the European Commission. The EP suggests the same thing. Backed by Denmark and Lithuania, the Netherlands suggests a 2% surcharge to a maximum of €50,000, in addition to damages for costs arising from chasing the overdue invoices. The Spanish Presidency has set a range of amounts for damages depending on the size of the overdue invoice in question. MEPs suggest a fixed €40 for damages.
Earlier this month, the European Parliament postponed voting in plenary on the draft report by Barbara Weiler (S&D, Germany) because it wants to reach agreement with the Council of Ministers in first reading. It is hard to say at this stage whether the EP and Council of Ministers will bring this off. (M.B./transl.fl)