Answer to Written Question: Cross-border payments and debt recovery

(Source: European Parliament)

EN

E-001795/2021

Answer given by Mr Reynders

on behalf of the European Commission

(2.6.2021)

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[1]. The Guide answers relevant questions concerning the application of Regulation (EC) No 1896/2006[2] 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[3], two guides clarifying how to use the procedure are available[4]. 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[5].

In the ‘SME Strategy’[6] and in the ‘Updated Industrial Strategy’[7] the Commission also announced a set of actions to support Member States in implementing the Late Payment Directive[8], 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[9] and Regulation (EU) 2020/1784[10] 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.


[1] https://e-justice.europa.eu/content_order_for_payment_procedures-41-en.do

[2] OJ L 399, 30.12.2006, p. 1.

[3] OJ L 199, 31.7.2007, p. 1.

[4] https://e-justice.europa.eu/content_small_claims-42-en.do

[5] https://e-justice.europa.eu/content_small_claims-42-en.do

[6] COM (2020) 103.

[7] COM (2021) 350.

[8] Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions.

[9] OJ L 405, 2.12.2020, p. 1.

[10] OJ L 405, 2.12.2020, p. 40.

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