Annexes to COM(1998)126 - Proposal for a European Parliament and Council Directive combating late payment in commercial transactions - Main contents
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| dossier | COM(1998)126 - Proposal for a European Parliament and Council Directive combating late payment in commercial transactions. |
|---|---|
| document | COM(1998)126  |
| date | June 29, 2000 |
2. Paragraph 1 shall apply only to debts payable in a single instalment.
3. Member States shall define the effect of the retention of title clause as regards those aspects not covered by this Directive and in particular as regards the effect on third parties acting in good faith.
Article 5
Accelerated recovery procedures for undisputed debts
1. Member States shall ensure that there is an accelerated debt recovery procedure for undisputed debts.
2. This procedure shall apply irrespective of the amount of the debt.
3. This procedure shall be available to creditors from all Member States, irrespective of their place of residence.
4. The creditor shall be able to choose whether or not he wishes to be represented by a third person.
5. The procedure before the court shall be formulated in such a way that a period of 60 calendar days is not exceeded from the receipt of the creditor's request to the time when the writ of execution or equivalent document becomes enforceable.
This period is without prejudice to:
(a) the application of the rules governing notification or service and
(b) the rights of the defendant to dispute the debt.
Article 6
Simplified legal procedures for small debts
Member States shall ensure that simplified procedures are available for debts up to a threshold, which shall not be less than ECU 20 000. These procedures shall provide for simple, low-cost methods for taking legal action for the settlement of debts.
This sum can if necessary be modified by the Commission to reflect changing economic conditions in accordance with the procedure referred to in Article 9.
These procedures shall be available to creditors from all Member States irrespective of their place of residence.
CHAPTER III
Article 7
Transparency in public procurement contracts
Member States shall ensure that public procurement contracts contain precise details of the payment periods and deadlines applied by the public authorities. In particular, time limits shall be fixed for the completion of pre-payment administrative formalities, such as public works reception procedures.
Article 8
Prompt payment, due date and automatic interest
Member States shall ensure that:
1. the due date for the payment of contractual debts by the public authorities as determined under Article 3(1)(a) and (b) does not exceed 60 calendar days; the contract shall in no circumstances override that maximum payment period;
2. a creditor shall be entitled to interest from the public authority on any outstanding amount when the due date has been exceeded; the interest shall be calculated as set out in Article 3(1)(d) and (e), and shall be paid automatically by the public authority without the necessity of a claim;
3. the public authority is not permitted to request or require that the creditor waives any of the rights referred to in this Article.
CHAPTER IV
Article 9
Committee
For the purposes of reviewing the functioning of this Directive and in particular for the cases mentioned in Article 3(2) and Article 6, the Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission.
The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.
The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.
The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.
Article 10
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2000 at the latest. They shall forthwith inform the Commission thereof.
When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
2. Member States may maintain or bring into force provisions which are stricter than the provisions necessary to comply with this Directive.
3. Member States shall communicate to the Commission the text of the mains laws, regulations or administrative provisions which they adopt in the field covered by this Directive.
Article 11
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.
Article 12
Addressees
This Directive is addressed to the Member States.
(1) OJ C 323, 21.11.1994, p. 19.
(2) COM(94) 207 final, 3.6.1994.
(3) OJ L 127, 10.6.1995, p. 19.
(4) OJ C 211, 22.7.1996, p. 43.
(5) OJ C 287, 22.9.1997, p. 92.
(6) SEC(97) 1 final, 4.6.1997, pp. 8 and 38.
(7) OJ C 216, 17.7.1997, p. 10.
ANNEX
List of clauses to be recognised by Member States for the purposes of Article 4
ES: «El vendedor conservará la propiedad de los bienes hasta el pago.»
DA: »Varen forbliver sælgerens ejendom, indtil den er betalt.«
DE: "Die Ware verbleibt bis zur Bezahlung im Eigentum des Verkäufers."
EL: «Ï ðùëçôÞò ðáñáêñáôåß ôçí êõñéüôçôá ôùí áãáèþí ìÝ÷ñé íá åîïöëçèåß ôï ôßìçìÜ ôïõò.»
EN: 'The goods remain the property of the seller until payment.`
FR: «Les marchandises restent la propriété du vendeur jusqu'au paiement.»
IT: «Le merci restano di proprietà del venditore fino al pagamento.»
NL: "De waren blijven tot de betaling eigendom van de verkoper."
PT: «O vendedor conservará a propriedade dos bens até ao momento do pagamento.»
FI: "Tavara on myyjän omaisuutta, kunnes kauppahinta on maksettu."
SV: "Varorna förblir säljarens egendom tills de betalats."