Law Amending The Law Of 2 August 2002 On Combating Late Payment In Commercial Transactions

Original Language Title: Loi modifiant la loi du 2 août 2002 concernant la lutte contre le retard de paiement dans les transactions commerciales

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013009529&caller=list&article_lang=F&row_id=1000&numero=1060&pub_date=2013-12-10&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-12-10 Numac: 2013009529 FEDERAL JUSTICE PUBLIC SERVICE November 22, 2013. -Law amending the law of 2 August 2002 on combating late payment in commercial transactions PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1.
-Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Amendments to the law of 2 August 2002 on combating late payment in commercial transactions art. 2A in article 1 of the law of 2 August 2002 on combating late payment in commercial transactions, paragraph 2 is replaced by the following: «It transposes Directive 2011/7/EU of the European Parliament and of the Council of February 16, 2011 on combating late payment in commercial transactions.».
S. 3 A section 2 of the Act, the following amendments are made: 1 ° point 1 is replaced by the following: "1."commercial transaction": any transaction between businesses or between businesses and public authorities leading for remuneration to the supply of goods, delivery of services or to the design and execution of public works and construction and civil engineering;
»;
2 ° in the point 2, the words 'other than the public authorities' shall be inserted between the words "all" and the words "acting in the exercise of an activity '.
3 ° the point 3 is replaced by the following: ' 3. 'public authority' (: all power contracting, as defined in article 2, paragraph 1, point a), Directive 2004/17/EC and in article 1, paragraph 9, of Directive 2004/18/EC, regardless of the object or the value of the contract ';
4 ° in the point 4, the first sentence is replaced by the following: ' 4. ' reference rate': the interest rate which is applied by the European Central Bank to its most recent main refinancing operation, and which, when the relevant transaction was made according to a fixed rate tender procedure, is for the first half of the year concerned. the rate in force on 1 January of the year in question and which is for the second half of the year in question, the rate in force on 1 July of the year in question. »;
«5 ° article is supplemented by a point 6, as follows: "6." amount due": principal amount, which should have been paid within the period of payment, contractual or statutory, including all applicable taxes, levies, fees or charges on the invoice or the application of equivalent payment.».»
S. 4. article 3, paragraph 3, of the Act is replaced by the following: "it shall also apply in relation to commercial transactions between businesses and public authorities, where the debtor is a public authority, referred to in article 4, § § 2 2 '.
S. 5. in the same Act, it is inserted an article 3/1, as follows: «art.» 3/1. By way of derogation from article 3, paragraph 3, this Act applies to commercial transactions between businesses and public authorities where the debtor is a public authority, that insofar as specific provisions of the regulations on public procurement in terms of the General implementing rules are not applicable. ».
S. 6. article 4 of the Act is replaced by the following: «art.» 4 § 1. When the date or period for payment is not fixed in the contract, any payment in compensation of a commercial transaction between companies should be made within a period of thirty calendar days from the day following that: 1 ° of receipt by the debtor of the invoice or an equivalent request for payment, or 2 ° of the receipt of the goods or the provision of services , if the date of receipt of the invoice or the equivalent payment request is uncertain or if the debtor receives the invoice or the payment equivalent before the goods or services, or 3 ° acceptance or verification request to certify the conformity of the goods or services with the contract, if the law or contract provides for a procedure of acceptance or verification , and if the debtor receives the invoice or the application of equivalent payment earlier or on the date of acceptance or verification. The maximum duration of a procedure of acceptance or verification shall not exceed thirty calendar days after the date of receipt of the goods or provision of services, unless it is expressly provided otherwise by contract and provided that this does not constitute a manifest abuse to the creditor within the meaning of article 7.
Without prejudice to article 7, the parties may agree to a deadline for payment which may even exceed 60 calendar days.

§ 2. When the date or period for payment is not fixed in the contract, any payment in a commercial transaction between businesses and public authorities pay, where the debtor is a public authority, shall be carried out within a period of thirty calendar days from the day following that: 1 ° of the receipt by the debtor of the invoice or an equivalent request for payment , 2 ° of the receipt of the goods or the provision of services, if the date of receipt of the invoice or the equivalent payment request is uncertain or if the debtor receives the invoice or the payment equivalent before the goods or services, or 3 ° acceptance or verification request to certify the conformity of the goods or services with the contract If the law or contract provides for a procedure of acceptance or verification, and if the debtor receives the invoice or the application of equivalent payment earlier or on the date of acceptance or verification. The maximum duration of a procedure of acceptance or verification shall not exceed thirty calendar days after the date of receipt of the goods or provision of services, unless it is expressly provided otherwise by contract and in the contract documents and provided that this does not constitute a manifest abuse to the creditor within the meaning of article 7.
By way of derogation from paragraph 1, the parties may agree on a period longer payment, and provided that it is objectively justified by the specific nature or by some elements of the contract;
This period of agreed payment between the parties does not exceed sixty calendar days.
By derogation from paragraph 1, without the parties can agree on a longer payment period, the period of payment amounts to sixty calendar days for entities providing health care, which are recognised by the authorities referred to in articles 128, 130, 135 and 138 of the Constitution.
The date of receipt of the invoice shall not be the subject of a contractual agreement between the debtor and the creditor.
§ 3. By way of derogation from paragraphs 1 and 2, the parties can agree among themselves to a timetable fixing the amounts to be paid by instalments. In this case, if a payment is not settled at the maturity, interest and compensation are calculated on the basis of the only amounts payable. ».
S. 7 article 5 of the same Act, paragraph 1 is replaced by the following: "If the creditor has fulfilled its contractual and legal obligations and has not received the amount due at maturity, he is entitled, as of the next day, by right and without notice, to the payment of interest, except for the debtor to show that it is not responsible for the delay.» If it has been otherwise agreed by the parties in accordance with article 7, this interest is the interest rate increased by eight percentage points, rounded to the higher half. If it traded between businesses and public authorities, where the debtor is a public authority, the interest is the interest rate increased by eight percentage points and rounded up to the higher half, notwithstanding any agreement to the contrary parts.
».
S. 8. article 6 of the Act is replaced by the following: «art.» 6. If an interest is due in accordance with the provisions of this Act, the creditor is entitled to payment, ipso jure and without notice, to a contractual penalty of EUR 40 for the recovery costs incurred by it.
In addition to this lump sum amount, the creditor is entitled to reasonable compensation for all other recovery from extra costs of that amount lump and incurred as a result of late payment, including the allowance of procedure in accordance with the provisions of the Judicial Code.
».
S. 9A section 7 of the Act, the following amendments are made: 1 ° in paragraph 2, the words "If the contractual clause creates a clear imbalance between the rights and obligations of the parties at the expense of the creditor and ' shall be inserted between the words"When assessing obviously abusive character within the meaning of the preceding paragraph, the judge will consider among other things"and the words"If the debtor has objective grounds to derogate from the provisions of this chapter. "
2 ° two paragraphs worded as follows shall be inserted between paragraphs 2 and 3: "For the purposes of the application of paragraph 1, any practical or contractual clause excluding the payment of interest for late payment is regarded as manifestly unreasonable."
"The purpose of the application of paragraph 1, a contractual clause or a practice excluding compensation for recovery costs provided for in article 6 is assumed to be manifestly unreasonable.".
S.

10. in article 8 of the Act, the words "or practice" shall be inserted between the words "contract" and the words "which constitute an abuse manifest '.
S. 11. in section 9 of the Act, paragraph 3 is replaced by the following: "the action in cessation formed at the request of a proceeding referred to in paragraph 1, 3 °, may be directed separately or jointly against several undertakings in the same economic sector or their professional or interprofessional groups which use or recommend the use of the same contractual clauses or general practices. or of clauses or similar practices. » Art. 12A section 14 of the Act, the following amendments are made: 1 ° in the paragraph 1, the words «after August 7, 2002» are replaced by the words "from March 16, 2013";
2 ° in paragraph 2, the words «after August 7, 2002» are replaced by the words "as of March 16, 2013.
CHAPTER 3. -Provisions finals s. 13. in the Act of February 21, 2010, amending articles 1022 of the Judicial Code and 162bis of the Code of criminal procedure and repealing article 6 of the law of 2 August 2002 on combating late payment in commercial transactions, the following changes are made: 1 ° the title is replaced by the following: "Act amending articles 1022 of the Judicial Code and 162bis of the Code of criminal procedure."
2 ° article 4 is repealed.
S. 14 this Act comes into force March 16, 2013, with the exception of article 5, which comes into force on a date to be determined by the King.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, 22 November 2013.
PHILIPPE by the King: the Prime Minister, E. DI RUPO the Deputy Prime Minister and Minister of economy, J. VANDE LANOTTE the Minister of Classes average, SMEs, the self-employed and Agriculture, Ms. S. LARUELLE. the Minister of Justice, Ms. A. TURTELBOOM. the Minister of public enterprises, j.-p.. Lady Finance Minister, responsible for the public service, K.
GEENS _ Note see: Records of the House of representatives: 53-2927-2012/2013: No. 1: Bill.
No. 2: amendments.
No. 3: report.
No. 4: Text corrected by the commission.
No. 5: Text adopted in plenary meeting and transmitted to the Senate.
Full report: July 17, 2013.
The Senate documents: 5-2226-2013/2014: No. 1: project not referred by the Senate.