10 Amendments of Lara COMI related to 2018/2056(INI)
Amendment 17 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas in some Member States the circulation of public sector receivables, which could balance the powers of the parties and lead to fairer business practices, is prevented by assignment and enforcement bans, either introduced by law or by contract;
Amendment 22 #
Motion for a resolution
Recital N
Recital N
Amendment 36 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Maintains that there is no one-size- fits-all approach to tackling the issue of late payments, as in some business to business sectors longer payment deadlines, beyond 30 or 60 days, are in line with the needs of businesses and an accepted practice, taking into account the specificities of each sector; considers that it is also important to respect the freedom of contract between undertakings on the market, whilst preventing the public sector to derogate from the payment deadlines rules set in the directive;
Amendment 42 #
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 63 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to enforce their national legislation and to encourage and improve stricter controls, in particular among large companies, and the use of administrative sanctions (reinforced through a ‘name and shame’ provision that generates peer pressure), thus contributing to the improvement of payment behavior; maintains that direct intervention from the public authorities, since it is they who enforce administrative sanctions, could help to overcome the ‘fear factor’ and relieve creditors of the responsibility to take action against debtors, as the authorities would directly enforce the law and take discretionary action against enterprises engaged in bad payment practices; believes that the value of sanctions and their cumulative nature could deter companies from paying late, while public access to information (publication of sanctions) could directly harm the company’s image;
Amendment 74 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with great concern the situation in some Member States, where public authorities have greatly delayed payments for goods and/or services supplied to them by undertakings, included in supply contracts non-assignment clauses and prevented (through law) suppliers from enforcing their claims in courts, so leading those businesses into extreme financial difficulties; believes that in order to support businesses whose financial management is complicated by delayed payments from public authorities, the Member States should put in place faster and more efficient VAT refund procedures, especially for SMEs;
Amendment 82 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States and the Commission, in the light of the recent case law of the Court of Justice (Case C- 555/14), to take the necessary steps to ensure that public authorities pay their suppliers on time and, that creditors receive automatic interest and compensation when payments are late, and that bans on judicial enforcement towards the public sector and bans on assignment of public sector receivables are eliminated from national legislation or public sector contractual practices;
Amendment 85 #
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 97 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to improve their legislation and promote the implementation of the Late Payment Directive in all its parts, also by removing any domestic laws, regulation or contractual practices by the public sector that conflict with the aims of the Directive, such as enforcement and assignment bans for public sector receivables;
Amendment 104 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Urges the Member States to make payment procedures more efficient, underlining in particular that verification procedures to check invoices or the conformity of goods and services with the contractual specifications should not be used to extend payment periods artificially beyond the limits imposed by the Directive;