Commercial transactions: combating late payment

In principle, the BDI welcomes the European Commission’s objective of combating late payment in commercial transactions and unduly long payment periods. A timely payment culture is of enormous importance for businesses in the German industry. It is essential for trust-based cooperation between companies and/or state actors, as well as functioning supply chains.

Filed in German · English published by the European Commission

EuroCommerce stands by a culture of prompt payment. Late payments (which negatively affect creditors liquidity management) should not be confused with negotiations of payment terms agreed upon between contracting parties. Removing the possibility to negotiate payment terms restricts freedom of contract and will have numerous adverse effects that are not considered in the Impact Assessment of the European Commission.

Please find attached a document from the Spanish Confederation of Small and Medium-sized Enterprises (CEPYME) concerning the European Commission’s call for a Regulation of the European Parliament and of the Council on combating late payment in commercial transactions.

Filed in Spanish · English published by the European Commission

Dear ladies and gentlemen, as the political umbrella association of all cooperatives and cooperative enterprises in the German agri-food sector, the Deutscher Raiffeisenverband e.V. (DRV) generally supports measures against late payment. However, we reject the Commission’s proposal, as the shortening of the payment deadline can even lead to more and faster bankruptcies.

Filed in German · English published by the European Commission

FoodServiceEurope welcomes the opportunity to provide our preliminary comments on the Commission proposal for a Regulation revising the existing Directive on late payments. Contract catering companies continue to be subjected to late payments in particular by national and local public authorities.

The International Trade and Forfaiting Association (ITFA) supports the European Commissions goal of protecting SMEs from abusive payment behaviour of large buyers. Upon analysis of the Commissions proposal, ITFA believes that certain provisions seem to go against the Commissions objective while also introducing obstacles to the establishment of a robust, sustainable and benign environment for working capital in the…

The Bundesinnungsverband Zweirad-Handwerk rejects the proposal because it prohibits dealers from agreeing longer payment terms with their suppliers. However, these are favourable to traders because they have more time to pay their debts. Small and medium-sized traders are thus burdened. Details and a proposal to supplement Article 3 can be found in the opinion.

Filed in German · English published by the European Commission

As the industry body and voice for the European factoring industry, the EU Federation for the Factoring and Commercial Finance Industry (EUF - EU transparency register no. 39275004756-35) wishes to provide its views and suggestions regarding the Commissions proposal for a regulation on combating late payment in commercial transactions (COM(2023) 533 final), hereinafter referred to as Late Payments Regulation or LPR.

In principle, the German Tax Consultants Association (DStV) welcomes the Commission’s proposal for a regulation on combating late payment in commercial transactions 2023/0323 (COD). EU small and medium-sized enterprises (SMEs), which rely on timely and predictable cash flows to improve liquidity planning, are particularly affected by the negative consequences of late payments in commercial transactions.

Filed in German · English published by the European Commission

The Danish Chamber of Commerce welcomes the opportunity offered by the European Commission to provide comments on the Commission proposal for a regulation on combating late payment in commercial transactions (the Proposal) published on 12 September 2023. Please find the Danish Chamber of Commerce position paper on the revision of Late Payment Directive in attached files.

If the Fédération Française du Bâtiment approves the simplification of commercial relations between undertakings and between companies and public authorities provided for in the proposal for a regulation, the FFB fears the serious consequences for the cash flow of construction companies.

Filed in French · English published by the European Commission

The proposal for a regulation on combating late payment, presented by the European Commissioner for the Internal Market, Thierry Breton, on 12 September 2023, raises major concerns in the Confederation of SMEs. We consider that reducing payment times to 30 days, as proposed in the Regulation, will not contribute to improving the liquidity situation of companies.

Filed in French · English published by the European Commission

Opinion of Zweirad-Industrie-Verband e.V. on the Proposal for a Regulation of the European Parliament and of the Council on combating late payment in commercial transactions. As an interbranch organisation, the ZIV brings together and represents the interests of around 120 member companies. 90 % of bicycles and e-bikes produced in Germany in 2022 come from ZIV member companies.

Filed in German · English published by the European Commission

With the publication of a legislative proposal for a new Late Payment Regulation (LPR), the European Commission recognises the shortcomings of the current Late Payment Directive (LPD), but also, and more importantly, takes a significant step towards addressing the challenges faced by small and medium-sized enterprises (SMEs) and crafts, including notably SMEs in the construction sector.

Dear Sir/Madam, FENCA would like to thank the European Commission for the opportunity to provide comments on the proposed regulation on combating late payment in commercial transactions. Please find our comments in the attached document. Thank you for your consideration, Dr [name removed], Director General, FENCA

The WSM Wirtschaftsverband Stahl- und Metallverarbeitung e.V. supports the proposal for a Regulation of the European Parliament and of the Council on combating late payment in commercial transactions. The Regulation is designed to prevent excessive payment deadlines of more than 30 days. Only a regulation can achieve the objective of a uniform system to combat late payment throughout the internal market.

Filed in German · English published by the European Commission

Techniek Nederland is the Dutch national business association of technical service providers, installation companies and the electrical retail sector. We represent approximately 6,000 companies and we are one of the largest employers' organisations of The Netherlands.

In Spain, pharmaceutical services to mobile patients (not hospitalised or resident in social and health centres) are provided through the pharmacy office, which is owned by an employer who is a natural person who has a diploma (degree) in pharmacy (see ECJ judgments C-570/07 and C-571/07).

Filed in Spanish · English published by the European Commission

CNC’S ASSESSMENT OF THE PROPOSAL FOR A REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON COMBATING LATE PAYMENT. One. First, it is necessary to start from the basis of questioning the instrument chosen. We do not consider it appropriate in any way to choose a Regulation to replace the current Directive.

Filed in Spanish · English published by the European Commission

We would like to thank you for the opportunity to comment. In principle, we welcome the European Commission’s objective of protecting companies from defaulting on payments. However, it is questionable whether this can actually be achieved by the present proposal for a Regulation. Please find attached all further details of our opinion.

Filed in German · English published by the European Commission

On behalf of the European Ceramic Industry Association (Cerame-Unie), we would like to thank the European Commission for the opportunity to provide comments on the proposed regulation on combating late payment in commercial transactions. Cerame-Unie represents one of Europes oldest industries and is an integral part of a dynamic and innovative ecosystem.

The French toy and child products industry has become aware with great interest of the proposal for a Regulation of the European Parliament and of the Council of the European Union “on combating late payment in commercial transactions” unveiled by the Commission on 12 September, which intends to replace the 2011 Directive on payment deadlines.

Filed in French · English published by the European Commission

The European Franchise Federation (EFF) represents 18 national franchise associations, serving the interests of both franchisors and franchisees across Europe. The EFF is the voice of the many thousands of small businesses that use franchising as a strategy to grow a brand, providing opportunities for entrepreneurs and workers to find their place in the labour market.

The ASF (Association française des sociétés financières) is the French professional association representing 251 French financial and credit institutions, specialized banks, investment firms, payment institutions and electronic money institutions.

Dear Sirs, FEBIS is taking note of the European Commission proposal on the revision of the Late Payments Directive, laying down a common set of rules aimed at combating late payments in commercial transactions between businesses (B2B) and between public bodies and businesses.

The International Credit Insurance and Surety Association (ICISA) is the global trade association for trade credit insurers, sureties and their reinsurers. Trade credit insurance is utilised by business of all sizes and across all sectors as a means to mitigate the significant risks they face from non-payment.

Confartigianato Imprese welcomes the European Commission's commitment to combat late payment. In fact, the Confederation has always insisted on the need to remedy the age-old problem of late payments in commercial transactions, so that ethics and fairness can be re-established in economic relations between companies, as well as between them and the Public Administration.

The Federal Bar Association (BRAK) is grateful for the opportunity to comment on the European Commission’s proposal for a regulation to combat late payment in commercial transactions. The attached opinion opposes the abolition of the maximum payment period of 60 days and raises concerns about the introduction of enforcement authorities: An administrative area would be created which would create a non-structural…

Filed in German · English published by the European Commission

The draft regulation provides for a modification of the statutory payment deadlines by reducing the maximum time limit from 60 to 30 days. However, the stated purpose of this project is to ‘combat late payments’, i.e. to encourage debtors to pay within the maximum time limits allowed and to penalise those who fail to comply with these rules. Shortening payment deadlines will in no way help to tackle delays.

Filed in French · English published by the European Commission

The BGA considers that a statutory requirement for short payment targets is counterproductive and therefore not necessary (see specific examples in the annex). The planned EU regulation must ensure that businesses can continue to agree on individual payment terms for B2B transactions.

Filed in German · English published by the European Commission

We would like to thank you for the opportunity to comment on the above draft. Most important in the near future: — The business economy shares the Commission’s objective of promoting a culture of timely payment. In particular, better protection of SMEs is a major concern. — Any statutory setting of payment deadlines is highly controversial within the business economy.

Filed in German · English published by the European Commission

Deutsches Aktieninstitut is concerned that implementation does not consider standard market practices in payment transactions and would create a high administrative burden for companies. Please find more detailed comments in the attached position on the proposed Late Payments Regulation.

ZDB welcomes the introduction of a uniform payment period of in principle 30 calendar days in Article 1 in the business sector (B2B) and between contracting authorities and undertakings (G2B). For the construction sector, it is important, in Articles 2 and 3, to ensure that the existing procedure for acceptance or verification can also be maintained unchanged in national law.

Filed in German · English published by the European Commission

Establishing maximum payment terms for SMEs is a laudable, and I believe achievable, goal. However, for regulated payment terms to be fair, they must take into consideration the operating and financial supply chain processes of individual industries.

FIT Europe represents the interests of around 40,000 freelance translators and interpreters in Europe and welcomes the Commission's proposals to update the Directive. There is considerable anecdotal evidence among the translator/interpreter community of dire payment practices and various member associations of FIT Europe have began efforts to more accurately map payment practices in their relevant countries.

Sur le modèle de la loi LME en France en 2008, et des dispositions de la directive « late payments » concernant pour le moment uniquement les transactions entre entités publiques et entités privées, la Banque de France considère nécessaire dinstaurer un délai maximal de paiement pour les transactions entre entreprises privées. Un focus semble utile sur les pratiques des grands groupes au niveau européen.

As Medtech Europe, the association for Medical Technology in Europe, we welcome the opportunity to comment on the Late Payments Directive. Unfortunately we have extensive experience in the healthcare sector with late payments due to a number of reasons and believe that the Late Payments Directive can be improve to improve compliance with its provisions, which are essential for the proper functioning of the internal…

During her State of the Union speech in the European Parliament on September 2022, European Commission President Ursula von der Leyen made the revision of the Directive 2011/7/EU on combating late payment in commercial transactions, simply known as the Late Payment Directive (LPD) one of her priorities.

EuroCommerce stands by a culture of prompt payments in government-to-business and business-to-business transactions. A key differentiation must be drawn between late payments (which occur beyond the terms agreed by the parties) and business-to-business contractually agreed longer payment terms, which form part of the economic decision of the parties and reflect the financing needs of both sellers and buyers.

The Vienna City Works Group welcomes the possibility of consultation and would like to draw attention to the fact that audits and collection of payment process clearances take place in large companies in accordance with the multi-eye principle and therefore take time. A hard payment deadline of 30 days should therefore not be missed.

Filed in German · English published by the European Commission

The Late Payment Directive (Directive 2011/7/EU) sets out a common set of rules to combat late payment in business-to-business (B2B) and public sector bodies (G2B) transactions. As set out in recital 12 of the Directive, the objective of the Directive is to promote a ‘strong change towards a culture of prompt payment’ in the economic environment of the Union.

Filed in German · English published by the European Commission

The Federation of Aids (FdA) appreciates the initiative of the European Commission to draft a new Directive on payment periods in commercial relations and the opportunity offered to the institutions interested in participating in its preparation.

Filed in Spanish · English published by the European Commission

As an official of the public administration, I would point out that requests from factoring companies for the purchase of claims transferred by suppliers of the entities are arriving to the local authorities; the claim for recovery costs of EUR 40 (under Article 6 (2) of Legislative Decree No 231/2002) is made by multiplying EUR 40 by the number of commercial documents transferred, giving them incorrect claims which…

Filed in Italian · English published by the European Commission

Dear Mr/Ms, The Spanish Chamber of Commerce, as the representative of the general interest of the country and of Spanish companies, considers it appropriate to update the European legislation on late payment and late payments.

Filed in Spanish · English published by the European Commission

The legislation presupposes a dominant position on the part of the public authorities vis-à-vis the supplier, but this is not always the case because there are suppliers who may have several times larger and structured organisation than the public authority responsible for payment.

Filed in Italian · English published by the European Commission

General remarks. Please see attachment for further evidence. The Danish Chamber of Commerce strongly believe that all companies, regardless of size, should respect the contractual terms they have agreed to with their contractual partners, including ensuring payment in accordance with agreed payment terms.

Sinf has been pursuing the issue of shortening payment times for a long time, including Sinf being one of the initiators of the voluntary code of ethics developed for large companies. We see a number of needs for adjustments to the Directive in order to reach the standard of 30 days of payment. 30 days should be the norm.

Filed in Swedish · English published by the European Commission

Article 6 of Directive 2011/7/EU identifies the following problems: — it is not specified whether the flat-rate reimbursement is due per invoice issued or for the total amount of credit due for the supply. The number of invoices issued is always within the supplier’s organisational discretion (e.g.

Filed in Italian · English published by the European Commission

Dear Sir/Madam, please find attached the opinion of DIHK on the Commission’s consultation on the Late Payments Directive. Yours sincerely, Dr [name removed]ß Rechtsanwalt (Syndiku Rechtsanwalt) Section Legal Unit Head of Unit Civil Law and Judicialiariat, Arbitration and Economic Mediation of German Chambers of Commerce and Industry e.V. Breite Str.

Filed in German · English published by the European Commission

SMEs are at the heart of the EU Industrial Strategy and the Single Market. Their participation to the Recovery and Resilience Facility (RRF) is, thus, key. Spanish SMEs will hardly be able to contribute to the EUs 2030 objectives: Spain´s stock market listed companies (mostly those of the IBEX-35 Index1) owe SMEs EUR 80 bn (2020) due to a long standing non-compliance with Directive 2011/7/UE and former Directive…

Late payment is a very important problem for the Spanish economy and has a fundamental impact on small and medium-sized enterprises. SMEs account for 99.8 % of companies in Spain and employ two-thirds of private employment. Small enterprises (less than 10 workers) account for 94.7 % of the total.

Filed in Spanish · English published by the European Commission

As an official of the public administration, I believe that, as far as the public sector is concerned, the legislation to combat late payments has evolved far too far, since it has created excessively heavy burdens and penalties.

Filed in Italian · English published by the European Commission

BFF is closely following the European Commission's activities on Late Payment Directive and welcome the Commission's efforts to update its provisions. For this reason, BFF wishes to provide feedback for the revision of the Directive (2011/7/EU), here attached.

The EU Federation for the Factoring and Commercial Finance Industry (EUF) is the representative body of the European factoring and commercial finance industry and it is as such that the EUF wishes to provide feedback for the revision of the Late Payment Directive (LPD) 2011/7/EU.

The National Union of Journalists represents journalists not only in Ireland and the UK but in Continental Europe in three branches Brussels, Netherlands, and Paris. Around a third of our members are freelance and can be hard hit by late payments. In terms of late payment of fees, the lack of effective enforcement is a key and essential problem for freelance journalists.

The amount of EUR 40 applied for late payment is very often disproportionate to invoices. Moreover, the 30-day time limit laid down in the legislation may not be appropriate to the checks due, even more so when invoicing errors are found.

Filed in Italian · English published by the European Commission

I am writing on behalf of the Province of Arezzo. The MINIM-FORFETTARIO compensation for recovery costs of 40,00 per invoice (provided for in Article 6 of Legislative Decree No 231/02 and Legislative Decree No 192 of 2012 transposing Directive 2011/7/EU is often disproportionate to the extent of the delay and the amount of the claim.

Filed in Italian · English published by the European Commission

For a considerable number of years, thanks to the international DunTrade ® programme, the development of payment behaviour by private and public organisations has been observed and confirmed that efforts still need to be made to effectively tackle settlement delays which severely hamper business development.

Filed in French · English published by the European Commission

This initiative to revise the Late Payment Directive (Directive 2011/7/EU) goes in the right direction. Indeed, Directive 2011/7/EU has significantly improved the payment framework within the EU (with the exception of a few countries such as Greece where it has never been applied) by setting certain deadlines for the repayment of public authorities’ debts to suppliers and between businesses, creating a specific…

Filed in Greek · English published by the European Commission

It is worried about the attitude of some factoring companies which, after purchasing the debts relating to users (light and gas in particular), request the costs of recovering the debt (a lump sum of EUR 40 under Article 6 (2) of Legislative Decree No 231/2002) which distributors apply to the individual commercial document submitted.

Filed in Italian · English published by the European Commission

ASF and its members are closely following the European Commission's work on Late Payment Directive (hereafter LPD) and welcome the Commission's efforts to update its provisions. As the representative body of the French factoring industry, the ASF wishes to provide feedback for the revision of the LPD (2011/7/EU).

CECOP supports a revision of the Late Payments Directive. Late payments remain a problem both in business-to-business (B2B) and business-to-government (B2G) relations. The gravity of the situation is different across the EU. Worker and social cooperatives in CECOPs network are mostly SMEs, which suffer from late payments by public administrations and large companies.

Municipality of Cotronei – Financial Sector Manager. The problems encountered in my institution due to late payments are as follows: late payment of contributions for reporting by other bodies; delays in preparing clearance decisions due to the various documents to be attached; — errors in electronic invoicing by suppliers; — high level of bureaucracy and lengthy red tape; — discrepancies linked to Siope + flows and…

Filed in Italian · English published by the European Commission

The Swedish Federation of Business Owners (Swedish Federation of Business Owners) is co-founder of the Association for Effective Business Transactions (www.betaltider.se). In dialogue with the Swedish Government and a number of representatives from large companies, we have worked on various proposals and solutions to shorten payment times in Sweden.

Filed in Swedish · English published by the European Commission

I am responsible for the Financial Service of the Municipality of Tresnuraghes in Sardinia and, like other colleagues, I have for a long time taken charge of the amounts invoiced under Article 6 (2) of Legislative Decree No 231/02 by credit institutions which acquire credits from telephone/energy companies.

Filed in Italian · English published by the European Commission

They are reasonable for a municipality that complies with the payment deadlines. I would point out that there have been serious difficulties with utilities (methane gas, electricity and telephony), which have also led to a dispute now closed in favour of the municipality, arising from the supply of electronic invoices that the municipality had never received.

Filed in Italian · English published by the European Commission

Late payments have negative effects on businesses, affecting their liquidity and cash flow, complicating their financial management and preventing them from expanding. The current Late Payment Directive strengthens creditors’ rights by setting deadlines for payments by businesses and public authorities when purchasing goods or services and, if payment deadlines are not respected, provides for adequate compensation…

Filed in Spanish · English published by the European Commission

It is considered that Legislative Decree No 231/2002, which is the basis for the claims of credit institutions and similar institutions, concerning late payment following the assignment of the claim, is being misused, as the debt of the 40,00 quota for each individual invoice, with the reason for recovery costs within the meaning of Article.

Filed in Italian · English published by the European Commission

The current system creates implementation difficulties with particular regard to the coordination between European directives, the Italian Civil Code and public accounting rules. In particular, it is not clear when the payment period starts to run, with regard to services provided to a public authority which – before authorising payment of the corresponding payment – is required to verify the correctness of the…

Filed in Italian · English published by the European Commission

The European Confederation of Agricultural, Rural and Forestry Contractors CEETTAR - represents the interests of land-based contractors in Europe. Late payments are mostly frequent in the forestry sector, where contractors depend upon customers, entitled with a large bargaining power (such as governmental bodies or large companies).

The announcement of a review to the Late Payment Directive of 2011/7/EU on the 14th of September 2022 by the European Commissions President Ursula von Der Leyen, was welcomed by European Family Businesses (EFB). Family businesses come in all sizes: from micro to large, and they are often providers for a larger part of a supply chain.

The new extremely rigid system also penalises virtuous bodies that normally pay in advance of the deadline, it was better for the previous system, also because compliance refers to average times, and it was therefore more consistent to average the time, even because it may be the case for a variety of reasons, not always attributable to the Authority, for not always being able to pay by day 30.

Filed in Italian · English published by the European Commission

The Board of Governors welcomes the European Commission’s initiative to revise the Late Payments Directive in order to promote a culture of rapid payment and wishes to draw attention to the following aspects: — the application of a legal payment period of 30 days (including the verification period), without it being possible to derogate from it by contract; — explicitly stipulate that the date of receipt of the…

Filed in French · English published by the European Commission

Madam, Sir/Madam, The longer payment times of our French customers have several causes. The first is the fragility of their cash flow itself caused by final customers, often large groups or their subsidiaries, which cause significant delays in payment due to various causes: Technical and administrative length in the validation of a product or service, the invoice which allegedly never arrived in the correct service…

Filed in French · English published by the European Commission

The manufacturing companies in smaller countries like Greece face a continuous and systematic draining of their financial resources due to the endless credits requested or unilaterally imposed by various commercial and other businesses. A typical industry imports raw materials and pays either cash or credit up to 60 days, or primary sector producers at corresponding intervals.

Spanish Association of Children’s Products, ASEPRI. In the case of defaults, SMEs are more affected by the consequences of defaults, because their funding and revenue resources are smaller than large companies or public bodies.

Filed in Spanish · English published by the European Commission

The Municipality of Bondeno used the supply of energy by Gala spa through the Intercent- ER Regional Agency for the period 1/10/2014 30/09/2015 and 1/10/2015-30/9/2016. On 20/11/2015, the Comune di Bondeno received notification of the assignment of the claim from Gala Spa to Banca Sistema, indicating a significant number of invoices relating to both periods of supply.

Filed in Italian · English published by the European Commission

I am Dr Vincenzo Sergi, responsible for the financial area of the Municipality of Girifalco, in the Region of Calabria. My municipality is a country of just over 5.000 inhabitants, and I must say that with regard to late payments, the problem is very significant.

Filed in Italian · English published by the European Commission

APORMED congratulates the European Commissions efforts to review this Directive. We consider this consultation very opportune for the companies of the medical devices sector that operate in the Portuguese market since they are negatively impacted by late payments, especially in their interaction with public hospitals.

La Unión de Profesionales y Trabajadores Autónomos, UPTA España, es una de las organizaciones más representativas del trabajo autónomo en nuestro país, constituida por 34 organizaciones territoriales y sectoriales y con presencia en las 17 Comunidades Autónomas, más Ceuta y Melilla.

The Association for Effective Business Transactions in Business – Sweden, the Association manages, among other things, the voluntary Code of Ethics developed by a number of large companies in Sweden. www.betaltider.se We are working in dialogue with the Swedish Government and a number of representatives from large companies on various proposals and solutions to shorten metalworking times in Sweden.

Filed in Swedish · English published by the European Commission

Dear Messrs The Multisectoral Platform Against Late Payments (PMcM) is an association whose main objective is to promote compliance with the legislation in force on payments and to promote initiatives aimed at reducing late payment.

Filed in Spanish · English published by the European Commission

I believe that sanctions need to be considerably strengthened for companies that deliberately pay their bills late. The new directive must standardise practices in Europe and penalise companies and states that do not respect the deadlines negotiated.

Filed in French · English published by the European Commission

Late payments Home improvement industry – Suppliers to DIY stors Payments in practice: Although in some European countries and legislation on late payments have been converted into a maximum payment period, certain large retail organisations continue to be in flagrant breach of the legislation.

Filed in Dutch · English published by the European Commission

Payment terms The survey carried out from December 2022 to February 2023 by the PMcM on the 2022 payment behaviour highlights the following data: - The average payment term of the private sector in 2022 is 67 days. - Companies that take the longest to pay are the large ones (55%). Only 26% of them pay within the legal term. - The average payment term in the public sector is estimated at 67 days.

In principle, the Federation of the German Textiles and Mode Industry welcomes the European Commission’s objective of revising Directive 2011/7/EU on combating late payment in commercial transactions. However, we would like to consider whether the individual amending measures (options) under consideration are suitable for this purpose.

Filed in German · English published by the European Commission

L'union européenne,au socle des décisions de paiement relatives au contrat de marché unique, qui en rapporte a des nouvelles technologies de renseignement militaire pour la sécurité intérieure de la France au concours du statut d'un citoyen dans une fonction d'activité dans le civile.

In Spain and in Valencia in particular, public institutions take a long time to pay for the subsidies awarded, in many cases years. Many of these grants are linked to projects with such grants to be funded by putting project delays at risk.

Filed in Spanish · English published by the European Commission

Updating the legislation on payment deadlines is very important for small businesses. In Finland, there have been significant problems for machinery companies that are subcontracted to both the forestry and construction industries. For example, some 10 billion forest companies have used a 60-day payment period for their subcontractors whose turnover is promillen, i.e. less than 1 % of the forest company’s turnover.

Filed in Finnish · English published by the European Commission

Despite the fact that in Spain we have Law 15/2010 on measures against late payment in commercial transactions and a recent update to improve compliance with Law 18/2022, which has incorporated additional measures; payment deadlines remain excessively long.

Filed in Spanish · English published by the European Commission

The European Carton Makers Association (ECMA) fully supports the revision of the rules of the Late Payments Directive 2011/7/EU. The European economy continues to be negatively affected by late payments, which particularly effect SMEs who feel unable to challenge the longer payment terms being imposed by larger companies.

Union des Villes et Communes de Wallonie asbl, representing the local authorities of the Walloon Region in Belgium, is not in favour of the revision of the Late Payments Directive, as it also applies to public procurement, at least not in the sense announced by the European Commission.

Filed in French · English published by the European Commission

Cela fait bien longtemps que la commission européenne est englué dans des affaires de passe droit au blanchiment de capitaux financiers. J'ai été moi même victime du manque de transparence par mes droits établi à un contrat juin 1997; l'Union n'est plus une colonne au décision verticale, ce projet technologique en matière d'anticipation à la sécurité publique et a la protection du territoire qui a été adopté par la…

Extending payment periods beyond a reasonable framework for the actual settlement of the service or goods delivered has become a way to obtain free currents for many organisations. This is particularly detrimental to the actions of large companies which have negotiating advantages as a result of their turnover vis-à-vis smaller counterparties.

Filed in Polish · English published by the European Commission

The TSOTN supports the initiative to combat widespread, pan-European arogance in payments for services provided or goods sold. The road transport industry is particularly affected by the negative impact of having to incur large financial costs to carry out economic activities (e.g.

Filed in Polish · English published by the European Commission

The BAK welcomes this objective of the planned update of the Late Payment Directive: The immediate settlement of outstanding payments prevents unnecessary liquidity difficulties, especially for small and medium-sized enterprises, which may in the worst case result in the insolvency of the company. Payment delays bind human and financial resources.

Filed in German · English published by the European Commission

Feedback from SK+MED (Slovak Association of Medical Devices' Vendors) We consider the revision of the European Unions Late Payments Directive, tightening of its rules and improvement of its enforceability to be of key importance.

Our most urgent problem is a lack of finances by public actors. Our members are operating public transport in Luxembourg, by contracts with governmental authorities. At the end of the year our members are confronted with a lack of finances by these actors. As a result December and often November/October are only paid in February of the following year.

The comments relates to the part B of the Call for Evidence (Objectives and Policy Options): - a support to the setting of fairer payment terms in B2B transactions - though the first step shall be a soft law such as codes of practices or guidelines - thus an extension of the Directive to the B2B transactions is not recommended

The scope of the Directive as set out in Article 6 (flat-rate compensation 40) should be extended to cases of payments of liabilities between government (contracting authorities) or payments by entrepreneurs towards government (contracting authorities) in respect of obligations related to the sale of goods or services.

Filed in Czech · English published by the European Commission

Hello, Covid has amplified the problems, devastating many small structures or those lacking capital; In any case for a small SME if a company or an individual owes it money, it is very difficult financially to ensure the costs and length of justice: The European simplified procedures would therefore have to be increased to 10.000 in order to be able to be paid for their debts.

Filed in French · English published by the European Commission

Hello, Effectively, invoices are often paid late, but this is not the majority. They are always the same protagonists, and the amount bears no relation to such behaviour. I think that only strong action could make a difference because some companies do not have the financial means to initiate recovery procedures, not time because of their structure and fear of losing their client.

Filed in French · English published by the European Commission

It is very important to regularise the payment deadline for companies, so the availability of cash for new investments or for covering overheads can be better managed. Invoices should be paid upon receipt or within a maximum of 30 days. At the same time, companies must have a credit line available with their bank to deal with contingencies.

Filed in French · English published by the European Commission

The elements of the Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions are more then ever relevant after the consequences of the economic and financial crisis and the COVID19 crisis. The situation of health services in a large number of Member States is still a particular cause for concern in connection with late payment is.

It is clear from my personal experience that our small customers often pay within 30 days, while the largest customers use payment terms 30, 40 days, X of the month, on receipt of an invoice on the Y of the month, and pay de facto 60 days.

Filed in French · English published by the European Commission

It is important that money circulates and that the obligation to pay invoices is up to 8 calendar days. This would make it possible to quickly establish that the customer is experiencing cash-flow difficulties and thus make it possible to calculate default interest and, above all, contact the client to understand the problem and find a solution.

Filed in French · English published by the European Commission

I believe that settlement times should be reduced to 30 net days for all trade in goods and services. It should be possible to list in a public file customers who do not comply with these deadlines on a regular basis. It should be possible to vary the deadlines depending on the size of the company.

Filed in French · English published by the European Commission

We believe that revising the Late Payment Directive is a good initiative. Preventing payment delays and giving creditors the right to adequate compensation, when they are paid late, would be a good improvement. Small and medium-sized companies often face payment delays, although the payment terms are often very long in many industries, for example up to 60-90 days.

Directive 2011/7/EU on combating late payment provides that, as a general rule, business-to-business contractual payment periods shall not exceed 60 calendar days, although the parties should continue to be able to expressly agree on payment periods exceeding 60 calendar days, provided that this extension is not grossly unfair to the creditor.

Filed in Spanish · English published by the European Commission

We believe that the revision of the Late Payment Directive is a good initiative since we consider that there are some deficiencies in it that should be corrected: Establish a homogeneous and reliable method for calculating the Average Payment Period. Follow-up and surveillance of compliance must be carried out in the most sensitive and critical sectors such as the health sector.

Confartigianato Imprese ha da sempre evidenziato limportanza di risolvere il problema dei ritardi di pagamento. Sul piano dei rapporti B2B, non siamo in linea di principio contrari alla fissazione consensuale del termine.

Dear, I am a carrier. I am always at the end of the business chain. In transport, it should be clear, fixed, maximum 30 days’ maturity. The debtor should pay penalty interest, higher, based on legislation. Such debtors should be excluded from any European or national subsidy or other support programmes. Enforcement through home tax offices or other institutions with executive powers.

Filed in Czech · English published by the European Commission

Thank you for the opportunity to comment. The maximum payment periods of 30 and 60 calendar days from receipt of the invoice or from the date of acceptance or verification of the service laid down in Article 4 (paragraphs 3, 4 and 6) of the Directive for commercial transactions between undertakings and public authorities appear reasonable and should not be shortened.

Filed in German · English published by the European Commission

The fact that it is the creditor who has to charge default interest and the penalty for late payment to the debtor constitutes an anti-commercial act which risks undermining the good relations with his client in good or bad faith.

Filed in French · English published by the European Commission

There is a strong agreement that the culture of payment should be encouraged in time. The dematerialisation of invoices may cause some delays between the time of submission and the validation of the invoice partner on the platform (to be checked). For any delay even after 1 day of delay, the payment of penalties for late payment must be systematic and at the initiative of the wrong customer.

Filed in French · English published by the European Commission

Comment relating to the long period of payment of invoices, often exceeding 60 days. I would consider a maturity of 30 days to be ideal. Furthermore, it is often necessary to send CMRs and invoices by post even today, which constantly increases costs and prolongs the maturity.

Filed in Czech · English published by the European Commission

The Dutch Province of Overijssel welcomes the European Commissions initiative to review the Late Payment Directive. The timely payment of invoices by the national government, provinces and municipalities has a significant impact on the financial position of companies and thus on economic strength, both locally and nationally.

We see delays in payment at the level of large principals who produce unfounded debit notes or invoices not included in their IT system. The processing time for obtaining payment is 30 to 60 days after the due date of the invoice or debit note.

Filed in French · English published by the European Commission

There is a need to standardise the business relationship between companies of any size and governments, with the tendency for payments to be effective when presenting the invoice. We consider artificial intelligence and digitalisation to be key in this regard, in the sense of validating and certifying the reality of payments.

Filed in Spanish · English published by the European Commission

We see this survey as a very positive factor in analysing and studying the behaviour of trade between partners in the European Union and hope that conclusions can be drawn to improve payment times and above all the confidence of European partners, especially at a negotiating stage.

Filed in Portuguese · English published by the European Commission

As an owner of multiple businesses in Malta I have to admit that the systems in place here today actually safeguard the late payer. As a result of this one cannot even use the law to push a non paying customer to pay because simply put, the client replies 'Taking me to court means you will not have your money for the next five years minimum'.....is this a correct level of safety offered to SMEs.

In the transport sector, late payment is one of the main causes of bankruptcies in Belgium. Studies by Graydon confirm this. Due to the late payment of their customers, entrepreneurs lack liquidity and have to turn to the bank for credit. These credits are expensive and the customer who pays late actually uses them as a ‘free bank’.

Filed in Dutch · English published by the European Commission

Long payment times also create a huge systemic risk. When suppliers normally have to wait months to collect their trade receivables, it means that a large part of their turnover is at risk. This is why the bankruptcy of a company leads to situations of great difficulty for suppliers.

Filed in Italian · English published by the European Commission

In particular, companies with market power continue to pay late, sometimes only after 90 days or more. The legal regulations for agreeing payment terms in Germany contain unclear terms such as "grossly unfair" with the result that many ignore the 30-day rule. If suppliers have to pre-finance everything and are themselves only paid after 90 or 120 days, their liquidity is at risk.