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Directive of the European Parliament and of the Council 2011/7 / EU of 16 February 2011. on combating late payment in commercial transactions (recast) (Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,

in particular art. 114,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the Economic and Social Committee [1],
Acting in accordance with the ordinary legislative procedure [2],

and Whereas, as follows:

(1) The Directive of the European Parliament and Council Directive 2000/35 / EC of 29 June 2000. On combating late payment in commercial transactions [3] is to be introduced a number of significant changes. It is desirable for reasons of clarity and rationalization Directive has been transformed.

(2) In the internal market, most goods and services are supplied by businesses to other businesses and to public authorities on a deferred payment basis whereby the supplier leaves his client time to pay the invoice, the date agreed upon by the parties as set out in the supplier's invoice or provided for by law.

(3) Many payments in commercial transactions between economic operators or between economic operators and public authorities are made later than agreed in the contract or laid down in general commercial conditions. Although the goods are delivered or the services performed, many corresponding invoices are paid well after the deadline. Such late payments have a negative impact on liquidity and complicates the financial management of enterprises. It also affects their competitiveness and profitability as a result of late payment creditor needs to obtain external financing. The risk of such negative effects increases significantly in periods of economic downturn when access to financing is more difficult.

(4) facilities within the Judicial claims related to late payment are already in Council Regulation (EC) No 44/2001 of 22 December 2000. On jurisdiction and the recognition of judgments and their enforcement in civil and commercial matters [4 ], Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004. on the creation of a European Enforcement Order for uncontested claims [5], Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006. establishing a procedure for the European order for payment [6] and Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007. establishing a European procedure for small claims [7]. However, in order to discourage late payment in commercial transactions, it is necessary to lay down complementary provisions.

(5) Undertakings should be able to conduct their activities in the internal market under conditions which ensure that transborder operations do not entail greater risks than domestic sales. If there were substantially different rules applied to domestic and cross-border operations could lead to distortions of competition.

(6) In its Communication of 25 June 2008., Entitled "" Think Small First "- A" Small Business Act "for Europe", the Commission emphasized that small and medium-sized enterprises (SMEs) access to finance and develop a legal and business environment supportive of timely payments in commercial transactions. It should be noted that public authorities rests in this connection, particular responsibility in this regard. The criteria for the definition of SMEs are set out in Commission Recommendation 2003/361 / EC of 6 May 2003. Concerning the definition of micro, small and medium-sized enterprises [8].

(7) One of the priority actions of the Commission Communication of 26 November 2008., Entitled "European Economic Recovery Plan" is the reduction of administrative burdens for businesses and promoting entrepreneurship, inter alia by ensuring that invoices for supplies and services, including to SMEs, they are regulated as a rule within one month in order to reduce the restrictions on liquidity.

(8) The scope of this Directive should be limited to payments made as remuneration for commercial transactions. This Directive should not regulate transactions with consumers, interest in connection with other payments, eg payments under the laws on checks and bills of exchange, or in the form of compensation payments, including payments from insurance companies. Member States should be able to exclude debts that are subject to insolvency proceedings, including proceedings aimed at debt restructuring.

(9) This Directive should regulate all commercial transactions irrespective of whether they are carried out between private or public undertakings or between undertakings and public authorities, given that public authorities handle a considerable volume of payments to business. This Directive should therefore also regulate all commercial transactions between main contractors and their suppliers and subcontractors.

(10) The fact that this Directive covers freelancers should not oblige Member States to treat them as undertakings or merchants for purposes not covered by this Directive.

(11) supply of goods and provision of services for remuneration to which this Directive applies should also include the design and execution of public works and building and civil engineering.

(12) Late payment constitutes a breach of contract, which became financially beneficial to debtors in most Member States, due to charge low or no interest for late payment or slow procedures for redress. What is needed is decisive shift to a culture of prompt payment, under which all records to charge interest should always be considered as grossly unfair contractual term or practice, in order to reverse this trend and to discourage late payment. This change should also include the introduction of specific provisions on payment periods and compensation for creditors for the costs incurred, and, inter alia, on the record, that the exclusion of the right to compensation for recovery costs should be considered as grossly unfair.

(13) Therefore, provision should be made in accordance with the payment periods for contracts between businesses should not as a rule exceed 60 calendar days. They may, however, be circumstances in which undertakings require longer payment terms, for example when granting trade credit to their customers. It is therefore necessary to maintain the possibility of the parties expressly agree on payment periods longer than 60 calendar days, provided however that such extension is not grossly unfair to the creditor.

(14) In order to ensure consistency of EU legislation, for the purposes of this Directive should apply to the definition of "contracting authorities" in Directive 2004/17 / EC of the European Parliament and of the Council of 31 March 2004. Coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors [9] and Directive 2004/18 / EC of the European Parliament and of the Council of 31 March 2004. on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts [10].

(15) Statutory interest due for late payment should be calculated on a daily basis as simple interest in accordance with Council Regulation (EEC, Euratom) No 1182/71 of 3 June 1971. Determining the rules applicable to periods, dates and time limits [11 ].

(16) This Directive should not oblige a creditor to demand payment of interest for late payment. In the case of late payment, this Directive should allow a creditor to charging interest for late payment without prior notice of non-performance payment or other similar notice reminding the debtor of his obligation to pay.

(17) The debtor's payment should be regarded as late, for the purposes of entitlement to interest for late payment, where the creditor does not have the sum owed in due time, provided that he has fulfilled his legal and contractual obligations.

(18) Invoices trigger requests for payment and are important documents in the chain of transactions supply of goods and services, inter alia, for determining payment deadlines. For the purposes of this Directive, Member States should support systems, which give legal certainty as regards the exact date of receipt of invoices by the debtors, including in the field of e-invoicing where the receipt of invoices could generate electronic evidences; This system is partly managed on the basis of provisions on invoicing contained in Council Directive 2006/112 / EC of 28 November 2006. on the common system of value added tax [12].

(19) It is fair compensation for the costs incurred by the creditors' recovery due to delays in payments to discourage late payment. Recovery costs should also include the recovery of administrative costs and compensation for internal costs incurred due to late payment for which this Directive should determine a fixed minimum amount that can be combined with interest for late payment. Compensation in the form of a fixed sum should aim at limiting the administrative and internal costs linked to the recovery. Compensation for recovery costs should be determined without prejudice to national provisions according to which a national court may award compensation to the creditor for any additional damage regarding the debtor's late payment.

(20) In addition to the claim for payment of a fixed sum to cover recovery costs, creditors should also have a claim for reimbursement of the other recovery costs they incur because of delays in payment by a debtor. These costs include in particular the costs incurred by creditors as a result of the use of a lawyer or employing a debt collection agency.

(21) This Directive should not prejudice the right of Member States to set higher and therefore more favorable to the creditor, fixed amounts by way of compensation for recovery costs or to increase those sums, inter alia in order to keep pace with inflation.

(22) This Directive should not prevent payments by installments or staggered payments. Any payment in installments or spread over time should, however, be paid on the agreed terms and subject to the rules on late payments set out in this Directive.

(23) As a general rule, public authorities benefit from more secure, predictable and continuous revenue streams than undertakings. In addition, conditions of access to funding for many public bodies are much more attractive than in the case of companies. At the same time public authorities to achieve their goals, they are less than private undertakings dependent on building stable commercial relationships with customers. Long payment periods and late payment by public authorities for goods and services lead to unjustified costs for companies. Therefore, you should make detailed provisions regarding commercial transactions relating to the supply of goods or provision of services by companies for public authorities, which should provide in particular for payment periods not exceeding in principle 30 calendar days, unless the contract expressly provides otherwise, and provided that It is objectively justified by the particular nature or specific features of the contract, but in any event not exceeding 60 calendar days.

(24) It should, however, take into account the specific situation of public authorities carrying out economic activities of an industrial or commercial offering goods or services on the market as a public company. To this end, Member States should be allowed under certain conditions, to extend the statutory payment period up to a maximum of 60 calendar days.

(25) In particular cause for concern in connection with late payment is the situation of health care in many Member States. Healthcare systems, as a fundamental part of Europe's social infrastructure, are often obliged to reconcile individual needs with the available finances, as the population of Europe ages, as expectations rise, and as medicine advances. All systems must face the challenges consisting in such prioritization in health care to that balances the needs of individual patients with the financial resources available. In this context, Member States should be able to grant public entities granting health benefits for some flexibility in meeting their commitments. To this end, Member States should be allowed under certain conditions, to extend the statutory payment period up to a maximum of 60 calendar days. Member States should make every effort to ensure that payments in the healthcare sector are made in accordance with statutory payment periods.

(26) In order to achieve the objectives of this Directive have not been threatened, Member States should ensure that in commercial transactions the maximum duration of a procedure of acceptance or verification does not exceed in principle 30 calendar days. However, it should be possible to extend the verification procedure to exceed 30 calendar days, for example in the case of particularly complex contracts, when expressly agreed in the contract, in any tender documents and if it is not grossly unfair to the creditor.

(27) The Union institutions are in a situation comparable to public authorities with regard to their financing and commercial relationships. Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002. On the Financial Regulation applicable to the general budget of the European Communities [13] states that the validation, authorization and payment of expenditure by Union institutions must take place within the limits the timeframe set out in the implementing rules. Such implementing rules are set out in Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002. Laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities [14], and specify the circumstances in which creditors paid late are entitled to interest for late payment. In the context of ongoing revision of those regulations must be ensured that the maximum terms of payment by the Union institutions are aligned with statutory deadlines applicable to public authorities in accordance with this Directive.

(28) This Directive should prohibit abuse of freedom of contract to the disadvantage of the creditor. Consequently, if a term in a contract or a practice relating to the date or period for payment, the rate of interest for late payment or compensation for recovery costs is not justified by the terms granted to the creditor or serve primarily procuring the debtor additional liquidity at the expense of creditor, it may be regarded as such an abuse. For this purpose and in accordance with the academic Draft Common Frame of Reference with all the terms of agreements or practice grossly deviating from good commercial practice and is contrary to good faith and fair dealing should be considered unfair to the creditor. In particular, the outright exclusion of the right to charge interest should always be considered as grossly unfair, whereas the exclusion of the right to compensation for recovery costs should be considered as grossly unfair. This Directive should not affect national rules on the way contracts are concluded or regulating the validity of contractual terms which are unfair to the debtor.

(29) In the context of enhanced efforts to prevent the abuse of freedom of contract to the detriment of creditors organizations officially recognized as representing companies and organizations that have a legitimate interest in representing undertakings should be able to institute proceedings before national courts or administrative bodies in order to prevent the continued use of contract terms or practices are grossly unfair to the creditor.

(30) In order to contribute to the achievement of the objective of this Directive, Member States should promote and disseminate best practices, including by supporting the publication of a list of prompt payers.

(31) It is desirable to ensure that creditors from exercising retention of title clause on a non-discriminatory basis throughout the Union, if such retention of title is valid under the applicable national provisions designated by private international law.

(32) This Directive only defines the term "enforceable title" but should not regulate the various procedures of forced execution of such a title or the conditions or suspend the execution of such a title.

(33) The consequences of late payment can be dissuasive only if they are accompanied by rapid and effective for the creditor procedures for redress. These procedures should be available to all creditors doing business in the Union in accordance with the principle of non-discrimination laid down in Art. 18 of the Treaty on the Functioning of the European Union.

(34) In order to facilitate compliance with the provisions of this Directive, Member States should encourage the use of mediation or other forms of alternative dispute resolution. Directive of the European Parliament and Council Directive 2008/52 / EC of 21 May 2008. On certain aspects of mediation in civil and commercial matters [15] already sets a framework for systems of mediation at Union level, in particular in cross-border disputes, not standing on preventing its application to internal mediation systems. Member States should also encourage interested parties to develop voluntary codes of conduct aimed, in particular to contribute to the implementation of this Directive.

(35) It is necessary to ensure that the recovery procedures for unchallenged claims related to late payment in commercial transactions be completed within a short period of time, including through an expedited procedure and irrespective of the amount of the debt.

(36) Since the objective of this Directive, namely combating late payments in the internal market can not be sufficiently achieved by the Member States, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Art. 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve that objective.

(37) The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive change as compared with Directive 2000/35 / EC. The obligation to transpose the provisions which are unchanged arises under that Directive.

(38) This Directive should not affect the obligations of the Member States concerning the deadlines for transposition into national law and application of Directive 2000/35 / EC.

(39) In accordance with point 34 of the interinstitutional agreement on better lawmaking [16] Member States are encouraged to draw up, for themselves and in the interest of the Union their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them to the public,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter and scope

1. The purpose of this Directive is to combat late payment in commercial transactions, in order to ensure the proper functioning of the internal market, thereby fostering the competitiveness of enterprises, in particular SMEs.

2. This Directive shall apply to all payments made as remuneration for commercial transactions.

3. Member States may exclude debts that are subject to insolvency proceedings instituted against the debtor, including proceedings aimed at debt restructuring.

Article 2

Definitions

For the purposes of this Directive, the following definitions apply:

1) "commercial transactions" means transactions between undertakings or between undertakings and public authorities which lead to the delivery of goods or the provision of services for remuneration;

2) "public authority" means any contracting authority within the meaning of Art. 2 paragraph. 1 point a) of Directive 2004/17 / EC and Art. 1 paragraph. 9 of Directive 2004/18 / EC, regardless of the subject or value of the contract;

3) "undertaking" means any organization other than a public authority, acting in the course of its independent economic or professional activity, even where the activity is carried out by one person;

4) "late payment" means payments that were not made within the contractual or statutory period, where the conditions laid down in Art. 3. 1 or in Article. 4 paragraphs. 1;

5) "interest for late payment" means statutory interest for late payment or interest at a rate agreed upon between undertakings, subject to Art. 7;

6) "statutory interest for late payment" means simple interest for late payment equal to the sum of the reference rate and at least eight percentage points;

7) "reference rate" means either of the following:

a) for Member States whose currency is the euro:

(I) the interest rate applied by the European Central Bank to its most recent main refinancing operations; or

(Ii) the marginal interest rate resulting from tender procedures variable interest rate for the most recent main refinancing operations of the European Central Bank;

b) for Member States whose currency is not the euro - the equivalent rate set by its national central bank;

8) "amount due" means the principal sum which should have been paid within the contractual or statutory period of payment matters, including applicable taxes, duties, levies or charges specified in the invoice or an equivalent request for payment;

9) "retention of title" means the contractual agreement according to which the seller retains ownership of the goods until payment of the price in full;

10) "enforceable title" means any decision, judgment or order for payment issued by a court or other competent authority, including those that are provisionally enforceable, regardless of whether they relate to immediate payment or in installments, which permits the creditor to pursue their claims against the debtor by means of forced execution.

Article 3

Transactions between undertakings

1. Member States shall ensure that in commercial transactions between undertakings, the creditor is entitled to interest for late payment without the necessity of a reminder, where the following conditions are met:

a) the creditor has fulfilled its contractual and legal obligations; and

b) the creditor has not received claims in a timely manner, unless the debtor is not responsible for the delay.

2. Member States shall ensure that the applicable reference rate:

a) for the first half of the year - the rate in force on 1 January of that year;

b) for the second half of the year - the rate in force on 1 July this year.

3. Where the conditions set out in paragraph. 1 are fulfilled, Member States shall ensure that:

a) that the creditor is entitled to interest for late payment from the day following the date or period for payment fixed in the contract;

b) if the date or period for payment is not fixed in the contract that the creditor is entitled to interest for late payment upon the expiration of any one of the following dates:

(I) 30 calendar days from the date of receipt by the debtor of the invoice or an equivalent request for payment;

(Ii) where the date of receipt of the invoice or an equivalent request for payment is uncertain, 30 calendar days from the date of receipt of the goods or services;

(Iii) where the debtor receives the invoice or the equivalent request for payment earlier than the goods or the services, 30 calendar days from the date of receipt of the goods or services;

(Iv) where a procedure of acceptance or verification, by which is to be confirmed conformity of the goods or services with the contract, which is prescribed by statute or in the contract and if the debtor receives the invoice or the equivalent request for payment before the date of such acceptance or verification or on they are made, 30 calendar days from that date.

4. Where is prescribed procedure of acceptance or verification, by which is to be confirmed conformity of the goods or services with the contract, Member States shall ensure that the maximum duration of this procedure shall not exceed 30 calendar days from the date of receipt of the goods or services, except in Contract otherwise expressly agreed and provided it is not grossly unfair to the creditor within the meaning of Art. 7.

5. Member States shall ensure that the period for payment fixed in the contract does not exceed 60 calendar days, unless the contract otherwise expressly agreed and provided it is not grossly unfair to the creditor within the meaning of Art. 7.

Article 4

Transactions between undertakings and public authorities

1. Member States shall ensure that in commercial transactions where the debtor is a public authority, the creditor is entitled upon expiry of the period referred to in paragraph. 3, 4 or 6 to statutory interest for late payment, without the need for a reminder, where the following conditions are met:

a) the creditor has fulfilled its contractual and legal obligations; and

b) the creditor has not received claims in a timely manner, unless the debtor is not responsible for the delay.

2. Member States shall ensure that the applicable reference rate:

a) in the first half of the year - the rate in force on 1 January this year;

b) in the second half of the year - the rate in force on 1 July this year.

3. Member States shall ensure that in commercial transactions where the debtor is a public authority:

a) the date of payment does not exceed any of the following dates:

(I) 30 calendar days from the date of receipt by the debtor of the invoice or an equivalent request for payment;

(Ii) where the date of receipt of the invoice or an equivalent request for payment is uncertain, 30 calendar days from the date of receipt of the goods or services;

(Iii) where the debtor receives the invoice or the equivalent request for payment earlier than the goods or the services, 30 calendar days from the date of receipt of the goods or services;

(Iv) where a procedure of acceptance or verification, by which is to be confirmed conformity of the goods or services with the contract, which is prescribed by statute or in the contract and if the debtor receives the invoice or the equivalent request for payment before the date of such acceptance or verification or on they are made, 30 calendar days from that date;

b) the date of receipt of the invoice is not subject to a contractual agreement between debtor and creditor.

4. Member States may extend the period referred to in paragraph. 3 point a) up to a maximum of 60 calendar days with respect to:

a) any public authority established in an industrial or commercial offering goods or services on the market and as a public undertaking subject to transparency requirements laid down in Commission Directive 2006/111 / EC of 16 November 2006. on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings [17];

b) public entities providing healthcare which are duly recognized for that purpose.

If a Member State decides to extend the deadlines under this section, send the Commission a report concerning the prolongation until 16 March 2018.

On this basis, the Commission shall submit to the European Parliament and the Council a report indicating that Member States extended the deadlines in accordance with this paragraph and taking into account the impact on the functioning of the internal market, in particular for SMEs. Report accompanied by any appropriate proposals.

5. Member States shall ensure that the maximum duration of a procedure of acceptance or verification referred to in paragraph. 3 point a) (iv) shall not exceed 30 calendar days from the date of receipt of the goods or services in the contract unless otherwise expressly agreed and provided it is not grossly unfair to the creditor within the meaning of Art. 7.

6. Member States shall ensure that the period for payment fixed in the contract does not exceed the time limits provided for in paragraph. 3, unless the contract otherwise expressly agreed and provided it is objectively justified by the particular nature or specific features of the contract, and that in any case not more than 60 calendar days.

Article 5

Payment schedules

This Directive respects the rights of the parties to agree on payment schedules in installments, subject to the relevant provisions of the applicable national law. In such cases, where any of the installments is not paid at the agreed date, interest and compensation provided for in this Directive shall be calculated solely on the basis of overdue amounts.

Article 6

Compensation for recovery costs

1. Member States shall ensure that the creditor is entitled to obtain from the debtor, as a minimum fixed sum of EUR 40 when interest for late payment becomes payable in commercial transactions in accordance with Art. 3 or 4.

2. Member States shall ensure that the fixed amount referred to in paragraph. 1, was paid without having a reminder as compensation for recovery costs incurred by the creditor.

3. In addition to the fixed sum referred to in paragraph. 1, the creditor is entitled to obtain from the debtor reasonable compensation for any recovery costs exceeding that fixed sum and incurred due to delays in payment by a debtor. This could include expenses incurred, inter alia, as a result of the use of a lawyer or employing a debt collection agency.

Article 7

Unfair contract terms and practices

1. Member States shall ensure that a contractual term or a practice relating to the date or period for payment, the rate of interest for late payment or compensation for recovery costs were considered unenforceable or were the basis for a claim for damages if it is grossly unfair to the creditor.

In determining whether a contractual term or practice is grossly unfair to the creditor within the meaning of the first paragraph, it takes into account all the circumstances of the case, including:

a) any gross deviation from good commercial practice, contrary to good faith and fair dealing;

b) the nature of the goods or services; and

c) whether the debtor has any objective reason for the derogation of statutory interest for late payment, from the payment deadlines referred to in Art. 3. 5, Art. 4 paragraphs. 3 point a),. 4 paragraphs. 4 and Art. 4 paragraphs. 6, or from the fixed sum as referred to in Art. 6 paragraph. 1.

2. For the purposes of paragraph. 1 a contractual term or a practice which excludes interest for late payment shall be considered as grossly unfair.

3. For the purposes of paragraph. 1, a contract or a practice which excludes compensation for recovery costs referred to in Art. 6, considered to be grossly unfair.

4. Member States shall ensure that adequate and effective measures in the interests of creditors and competitors, to prevent the continued use of contract terms and practices which are grossly unfair within the meaning of paragraph. 1.

5. The measures referred to in paragraph. 4, also includes provisions whereby organizations officially recognized as representing companies or organizations that have a legitimate interest in representing undertakings may, in accordance with the applicable national law to institute proceedings before the courts or before the competent administrative bodies in this regard that the conditions agreements or practices are grossly unfair within the meaning of paragraph. 1, so that they can apply appropriate and effective means to prevent their further use.

Article 8

Transparency and awareness raising

1. Member States shall ensure transparency in relation to rights and obligations under this Directive, including by making publicly available the applicable rate of statutory interest for late payment.

2. The Commission shall make publicly available on the Internet details of the current statutory rates of interest which apply in all Member States in the event of late payment in commercial transactions.

3. Where appropriate, Member States shall use professional publications, promotion campaigns or any other functional means to increase awareness of the remedies in the event of late payment in commercial transactions.

4. Member States may encourage the development of codes of prompt payment which provide clearly defined terms of payment and the proper way to deal with any disputed payment or any other initiatives that tackle the crucial issue of late payment and contribute to developing a culture of prompt payment, supporting the objective of this Directive.

Article 9

Retention of title

1. Member States shall ensure, in accordance with the applicable national law designated by the private international law vendor to be able to restrict ownership of goods until payment of their price in full, if between the buyer and the seller before the goods clearly was agreed retention of title clause.

2. Member States may adopt or maintain provisions relating to payments already made by the debtor.

Article 10

Recovery procedures for unchallenged claims

1. Member States shall ensure that an enforceable title can be obtained, including through an accelerated procedure and irrespective of the amount of the debt, as a rule within 90 calendar days of filing the petition or application by a creditor to a court or other competent authority provided that the dispute does not concern the debt or procedural issues. Member States shall execute his duty in accordance with their respective national laws, regulations and administrative provisions.

2. National laws, regulations and administrative provisions must provide for the same conditions for all creditors doing business in the EU.

3. When calculating the period referred to in paragraph. 1, do not include:

a) periods for service of documents;

b) any delays caused by the creditor, such as the time required to correct conclusions.

4. This Article shall be without prejudice to the provisions of Regulation (EC) No 1896/2006.

Article 11

Report

Until 16 March 2016. The Commission shall submit to the European Parliament and the Council a report on the implementation of this Directive. Report accompanied by any appropriate proposals.

Article 12

Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Art. 1-8 and 10 to 16 March 2013. They shall forthwith communicate to the Commission the text of those provisions.

The provisions adopted by Member States contain a reference to this Directive or be accompanied by such official publication. These provisions also include a statement that references in existing laws, regulations and administrative provisions to the repealed Directive shall be construed as references to this Directive. The methods of making such reference and the formulation of such an indication laid down by Member States.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

3. Member States may maintain or bring into force provisions which are more favorable to the creditor than the provisions necessary to comply with this Directive.

4. When transposing this Directive, Member States may decide whether to exclude contracts concluded before 16 March 2013.

Article 13

Repeal

Directive 2000/35 / EC is repealed with effect from 16 March 2013. Without prejudice to the obligations of Member States concerning the deadlines for transposition into national law and its application. It has, however, continue to apply to contracts concluded before that date to which this Directive does not apply pursuant to Art. 12 paragraph. 4.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in the Annex.

Article 14

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 Union.

Article 15

Recipients

This Directive is addressed to the Member States.

Done at Strasbourg, 16 February 2011.

For the European Parliament

Buzek

Chairman

For the Council

Martonyi J.