Question for written answer E-000428/2014 to the Commission Rule 117 Ramon Tremosa i Balcells (ALDE)

Subject: Directive 2011/7/EU on late payments

The answer given by Mr Tajani on behalf of the Commission to written questions E-003999/2013 and E-004000/2013 was as follows: ‘As regards the Spanish transposition measure, Spain has implemented Directive 2011/7/EU by Royal No 4/2013, which was notified on 22 February 2013. The Commission is currently undertaking a legal analysis [...] to verify whether the measures comply with the directive. With regard to this, the Commission is in contact with the competent authorities in Spain.’

The Government of the Kingdom of Spain established, by means of the Third Transitional Provision – Pre-existing Contracts (Royal Decree Law No 4/2013 of 22 February), that ‘the execution of all contracts will be subject to the provisions of Law No 3/2004 of 29 December (Royal Decree Law 2004, 2678), from one year as from its entry into force, even if they had been concluded previously.’

It subsequently established, by means of the Third Transitional Provision – Pre-existing Contracts (Law No 11/2013 of 26 July), that ‘the execution of contracts concluded prior to the entry into force of Law No 3/2004 of 29 December, from one year as from its publication in the State Gazette, will be subject to the provisions of said law.’

In the former case, the new late payment measures will not apply until 24 February 2014. In the latter case, these measures will not apply until 27 July 2014.

In view of the above:

Has the Commission concluded the legal analysis of the transposition of Directive 2011/7/EU in Spain?

Has it observed the vacatio legis which occurs in the first of the transitory provisions set forth here, as well as its incongruity with the second transitory provision?

1015861.EN PE 527.520