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(2004/C 65 E/254)

WRITTEN QUESTION P-2882/03

by Antonios Trakatellis (PPE-DE) to the Commission

(22 September 2003)

Subject:   Implementation of Directive 2000/35/EC in the EU and late payment to hospitals by state and public-sector organisations in Greece

Article 3 of Directive 2000/35/EC (1) on combating late payment in commercial transactions provides that the Member States shall ensure that interest shall become payable from the day following the date or the end of the period for payment fixed in the contract and sets out other provisions for combating late payment on the internal market. Three of the fifteen Member States have not incorporated the directive into national law and in Greece, reportedly, many hospitals are now in dire financial straits because they are owed huge amounts for patients' treatment by the (mainly state-run) insurance agencies. For example, the Polygiros hospital at Halkidiki alone is owed EUR 2,5 million, EUR 1,5 million of which is owed by the Farmers' Security Organisation, a public-sector body. Moreover, according to recent information, the public hospitals in Greece owe their suppliers more than EUR 1 174 billion, only two years since their previous debts were written off, which has resulted in disruption of the market, the emergence of oligopolies, with distortion of competition and shortages of goods.

Which countries have not incorporated the above directive into national law and what measures will the Commission take, as guardian of the Treaties, against those Member States which are in breach of Community law in order to bring about full compliance with the relevant legislation and the smooth operation of the internal market?

Given that the debts owed the hospitals by the state, the insurance agencies and other public- sector bodies and enterprises (e.g. banks etc.) constitute payments within the meaning of the above directive, what measures will the Commission take to implement in Greece the agreements concluded after 8 August 2002 (the date on which the directive on debts became effective)?

How can it ensure the smooth operation of the single market and combat late payment in the interests of citizens, businesses and the self-employed when public-sector bodies or a state are operating within the Union in an insolvent condition?

Answer given by Mr Liikanen on behalf of the Commission

(10 October 2003)

The Greek Government has communicated to the Commission the information that it has transposed Directive 2000/35/EC of the Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions, by means of Presidential Decree No 166/2003 published in the Government Gazette No 138 of 5 June 2003.

The Commission is in the process of examining this and other legislation transposing this Directive received from other Member States, in order to verify its conformity with the Directive.

Only two Member States, Spain and Luxembourg, have failed to communicate transpositions to the Commission, and the Commission has taken the Decision, in June 2003, to refer these infringements of the EC Treaty to the Court of Justice under Article 226.

The Directive's transposition in Greece now gives the creditors in that Member State the right to benefit from the terms of the Directive in their actions against debtors. The Commission's website: (http://europa.eu.int/comm/enterprise/regulation/late_payments/implementation.htm) provides further information on the Directive and its economic objectives.

Beyond the implementation of the late payment Directive the Commission will present, before the end of 2003, a proposal for a Regulation creating a European order for payment procedure, that is to say a uniform European summary procedure that will enable the speedy and efficient recovery of money claims in civil and commercial matters over which no legal controversy exists. The Community-wide availability of such a procedure will represent an additional valuable tool to combat late payments with regard to uncontested claims.

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(1)OJ L 200, 8.8.2000, p. 35.

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