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Parliamentary questions
PDF 102kWORD 18k
11 December 2018
Question for written answer E-006202-18
to the Commission
Rule 130
Ramon Tremosa i Balcells (ALDE)

 Subject:  Payment deadlines between contractors and subcontractors in Spain

The new public procurement law (Ley de Contratos del Sector Público), which transposes Directives 2014/23/EU and 2014/24/EU into Spanish law, allows for an improvement of the conditions governing payment deadlines between contractors and subcontractors. Under this law, the tenderer may approve the payment deadlines agreed between the contractor and subcontractor, and deals may not be struck between parties based on the means of payment used.

Large-scale contractors have come up with a payment practice which we have called ‘confirmation of an obligatory advance (confirming)’ which allows them to continue abusing their dominant position while stating that payments are being made within the statutory deadlines (60 days).

This is how it works: payment is agreed in the form of a long-term confirming (with deadlines of over 200 days); the creditor is obliged to agree to the payment of an advance within the 60-day deadline; the creditor must then meet the costs of this advance.

This new practice is very popular, particularly in the construction and retail sectors, and shows that large companies are acting with impunity.

1. Does the Commission believe that this grossly unfair practice should go unpunished, or does it believe that Member States should be required to take action against it themselves?

2. Does the Commission not think that allowing this practice to continue will undermine the transparency and legality of payment deadlines in Spain?

Original language of question: ES 
Last updated: 7 January 2019Legal notice