The report by Róża Thun Und Hohenstein (Renew Europe, Polish) on payment periods is due to be voted on by the European Parliament’s Committee on the Internal Market (IMCO) on 22 February. To date, 380 amendments have been tabled by the groups, an impressive figure, said the rapporteur, given that the report is not very long. Her colleagues, at this stage, are divided on the rigidity of payment periods and possible derogations for certain types of business.
The European Commission’s proposal sets payment terms at 30 days for both public authorities and private companies, with the possibility for the latter to have an additional 30 days when verification procedures are necessary. Ms Thun und Hohenstein suggested retaining these parameters (see EUROPE 13306/12).
To its right, MEPs from the EPP and the European Conservatives and Reformists (ECR) groups are calling for more flexible rules, including derogations for certain sectors. “If we are too strict with payment deadlines, large companies will probably look for suppliers outside the EU”, said Pablo Arias Echeverría (EPP, Spanish) during an exchange of views in the IMCO Committee on Wednesday 24 January.
They also want to maintain, as in the directive currently in force, the “unfair” contractual clauses, which should prevent large companies from abusing their power. However, several MEPs, including the rapporteur, pointed out that these unfair terms have proved difficult to get recognised.
The rapporteur also stated that differentiation in the application of the regulation would be detrimental to the clarity of the text. The European Commission representative present during the discussion corroborated this observation.
By way of flexibility, Róża Thun Und Hohenstein is proposing to postpone the start of application of the regulation for MSMEs that are debtors. This solution is supported in particular by the Greens/EFA. (Original version in French by Léa Marchal)