Answer to Written Question: Cross-border payments and debt recovery
(Source: European Parliament)
Answer given by Mr Reynders
on behalf of the European Commission
As far as cross-border debt recovery is concerned, a Practice Guide for the application of the Regulation creating a European Order for Payment Procedure is available. The Guide answers relevant questions concerning the application of Regulation (EC) No 1896/2006 and gives practical advice on issues such as how to fill in the application form. With regard to Regulation (EC) No 861/2007 establishing a European Small Claims Procedure, two guides clarifying how to use the procedure are available. In 2019, a broad information campaign oriented also to small and medium-sized enterprises (SMEs) was carried out and tailor-made information material was made available.
In the ‘SME Strategy’ and in the ‘Updated Industrial Strategy’ the Commission also announced a set of actions to support Member States in implementing the Late Payment Directive, especially in commercial transactions business-to-business. One of these actions includes the setting up of Alternative Dispute Resolution (ADR) / mediation schemes to help SMEs address unfair payment practices and solve payment disputes quickly and effectively, while preserving the relations with their business partners. Pilot ADR/mediation schemes will be designed in 2021 and implemented in 2022.
Cross-border debt recovery will be further facilitated by Regulation (EU) 2020/1783 and Regulation (EU) 2020/1784 dealing with the taking of evidence and the service of documents in cross-border cases. These instruments will improve the efficiency and speed of cross-border judicial proceedings by taking advantage of digitalisation, including the mandatory use of an electronic IT system for the transmission of documents and requests.
 OJ L 399, 30.12.2006, p. 1.
 OJ L 199, 31.7.2007, p. 1.
 COM (2020) 103.
 COM (2021) 350.
 Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions.
 OJ L 405, 2.12.2020, p. 1.
 OJ L 405, 2.12.2020, p. 40.