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European businesses crippled by late payments

Published 13 May 2010 - Updated 23 December 2011
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European businesses, especially smaller ones, have written off debts totalling €300 billion – a sum equal to the national debt of Greece – in the last year as a result of late payments, a new study has revealed.

The 2010 European Payment Index, compiled by Swedish credit management company Intrum Justitia, shows that written-off debt across Europe – caused by companies, public authorities and consumers not paying on time – has risen by €30 billion in the past 12 months.

A recast of the EU's Late Payments Directive, established in 2000, is set to be voted on in the European Parliament. The proposed revision was recently approved by MEPs in the internal market and consumer protection committee (IMCO).

The European Payment Index, which covers over 6,000 companies in 25 European countries, found that 2.6% of all transactions are written off, compared with 2.4% in 2009. European small and medium-sized enterprises (SMEs) are suffering the most, with a write-off proportion of 3%.

It shows that confidence among European companies is low, with just 10% of businesses forecasting improved conditions in the coming year. 52% said that they are not confident they will get the support they need from banks following the recession.

Intrum Justitia presented the study findings to EU legislators and industry stakeholders at a breakfast meeting organised by the European Credit Research Institute (ECRI) in Brussels on Tuesday (11 May).

Europe 'wasting' €300 billion

According to the 2010 European Payment Index, the amount of money that is owed to businesses in Europe but never paid totals €300 billion – a record figure that constitutes an 8% rise from 2009 and is equal to the national debt of crisis-hit Greece.

The study confirmed the divergence in payment behaviour across Europe, revealing that late payment risk is much lower in northern countries such as Finland, Sweden, Germany and the UK than it is in the south and east: the risk is higher in Portugal, Spain, Italy, Greece, Cyprus, the Czech Republic, Poland, Hungary and Lithuania.

Intrum Justitia chief Lars Wollung said the €300 billion wastage figure was "truly worrying" at a time of economic crisis. He described the "polarisation" between northern and southern Europe as a dangerous trend and said that credit management "must be a European issue".

Presenting the results, Intrum Justitia's Madeleine Bosch said that the statistics painted a "devastating picture," adding that payment failures are "hurting SMEs quite substantially".

Updated EU rules

The index figures come as the EU is set to change its rules on the issue, with a revision of the 2000 Late Payments Directive. The proposal, which has been scrutinised and adopted by the European Parliament's IMCO committee, is due for a plenary vote in June or July.

The IMCO committee agreed that government bodies should have just 30 days to pay invoices, but voted to exempt health services from the measures, meaning that public healthcare institutions will be given 60 days to settle their bills.

For business-to-business transactions, companies will be expected to pay within 30 days, but can agree on a payment period of up to 60 days in certain cases.

This constitutes a major departure from the original Commission proposal, which had focused exclusively on payments by public institutions, leaving the private sector free to negotiate their own contractual terms.

Positions: 

German Socialist MEP Barbara Weiler (Socialists & Democrats), a member of the European Parliament's IMCO committee and rapporteur on the revised directive, said that the rules are necessary because "the figures show that public authorities are not paying on time".

When asked whether member state governments will attempt to add further exemptions to the rules for public bodies, she said: "The Council can try […] but we say 'no' to any other exceptions – we will leave it to hospitals and nothing else."

Massismo Baldinato, a member of EU Industry and Enterprise Commissioner Antonio Tajani's cabinet, said that the Late Payments Directive "represents a priority" for Tajani. He expects a "pragmatic but fierce" battle between the Commission, the Parliament and the Council on the adoption of the rules.

Luc Hendrickx, enterprise policy and external relations director at UEAPME (the European Association of Craft, Small and Medium-sized Enterprises), is pleased that the Parliament backed a 30-day time limit for public-private payments and the principle that all business-business transactions should be settled within 60 days.

"The most controversial point in the current discussions is whether late payments in business-to-business relations (B2B) should also be regulated. We strongly believe they must be. Some stakeholders argue that B2B relations should be left to bilateral agreements between business partners and that contractual freedom should be respected," he said.

"Unfortunately, when it comes to SMEs, our experience is that more often than not there is no such thing as contractual freedom.  In the vast majority of cases, payment conditions are imposed on SMEs, especially on the smallest, many of which will bite the bullet and accept longer payment terms for fear of losing a customer and for lack of bargaining power. When a small enterprise accepts to be paid in 90 days or longer, it is de facto lending money to its larger counterpart, besides selling its products and services. This race to the bottom may benefit some, but is hindering the vast majority of European enterprises in the process. Good payers have nothing to fear from this proposal!" stated Hendrickx.

John Wilkinson, chief executive of medical technology industry group Eucomed, noted a clear divergence in Europe when it comes to governments paying suppliers late and wants the updated directive to prevent public authorities from using legal technicalities.

''The situation of governments paying their suppliers late varies dramatically across Europe and it is extremely surprising that countries such as Brazil and Mexico are paying suppliers quicker than many European countries. To bring Europe up to speed, the Late Payments Directive should eliminate loopholes and encourage early payment by imposing penalties.

It is key that the revisions of the Late Payments Directive have sufficient force to eliminate the possibility of public authorities using local legal loopholes to undermine both the spirit and substance of the Directive.''

Next steps: 
  •  June/July: European Parliament vote on recast Late Payments Directive.
Background: 

Amending the Late Payments Directive was one of four legislative proposals contained in the Small Business Act (SBA; see EurActiv LinksDossier) in June 2008.

The original directive was adopted in 2000 and is regarded as the least disputed element of the legal changes set out in the SBA.

The amendment was one of the key demands of SMEs, which highlighted the fact that smaller businesses run a higher risk of insolvency during the start-up phase. 

MEPs have debated and amended the updated directive and the European Parliament plenary is set to vote on its adoption in June or July.

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