“THE LAW FOR FRESH & PERISHABLE PRODUCTS & THE ISSUES IN ITS IMPLEMENTATION”
There is much debate surrounding fresh and perishable products, which has not been justified in any case so far. Law 4587/18, “Urgent Regulations of the Ministry of Migration Policy and other provisions,” amended Law 4492/17 in a emphatic manner, stating that as of January 1, 2019, the first buyers of agricultural fresh and perishable products must pay the producers within 60 days from the date of issuance of the sales invoice.
On March 14, 2019, Ministerial Circular No. 140/50665/2019 was published to provide clarifications on the implementation of Ministerial Decision No. 80/26402/B 715.2.2019, offering various clarifications. These clarifications are related to technical issues, such as who is obliged to upload these invoices to the digital platform, the time frame for their uploading, whether farmers under special status are included among the obligated parties, etc. Unfortunately, these technicalities do not address the daily challenges faced by producers.
The intention of this law was to create liquidity for producers, achieved by compelling first buyers of agricultural products to pay them within 60 days. This includes products like milk, meat (with some reservations), vegetables, fruits, and others. All producers cultivating these products are required to upload their invoices to the digital platform.
However, there are several reasons why it currently does not appear to be helping producers in creating liquidity:
The process involves penalties if the invoices are not uploaded within 25 days from the date of issuance (resulting in fines).
Buyers are required to pay the invoices within 60 days (until July 31), but if they fail to do so, the producers need to mark the invoices as “unpaid,” which may not happen due to long-standing business relationships.
If producers do not mark the invoices as unpaid within the given timeframe, the system automatically assumes the invoices are paid.
In many cases, payments to farmers are made with checks that expire after 8, 10, 12, or more months.
Initially, this platform was seen as ideal for creating liquidity for farmers, but it seems to be functioning in the opposite way. Authorities must realize that imposing fines on primary producers based on the information provided by the Ministry may not be helpful. One immediate solution could be to only upload unpaid invoices to the platform to avoid unnecessary work and cost for farmers. Additionally, the authorities should assess the functioning and challenges of the system thoroughly if they genuinely intend to create liquidity in the market.
By providing an extension for submitting invoices without penalties until the end of the year and simultaneously examining the system’s operation and issues from scratch, the law can be more effective in practice.
George Thom. Papadimitriou
Accountant – Tax Expert
Scientific Collaborator at TaxHeaven
President of S.E.E.L.F.O.K. (Association of Freelance Accountants – Tax Experts – Economists of N. Karditsa)
General Secretary of G.E.O.F.I.N. (Agricultural Economic Tax Institute)
Manager of G.E.M.I. & Business Services at the Commercial & Industrial Chamber of Karditsa
