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7 Amendments of Arlene McCARTHY related to 2009/0054(COD)

Amendment 12 #
Proposal for a directive
Recital 17
(17) Late payment is particularly regrettable if it occurs despite the debtor’s solvency. Surveys show that public authorities often pay invoices very late after expiration regardless of twhe applicable payment period. Public authorities may face lighter financing constraints because they may benefit from more secure, predictable and continuous revenue streamsther the debtor is from the public or thane private undertakings. At the same time, they depend less than private undertakings on building stable commercial relationships for the achievement of sector. Therefore penalties and otheir aims. Consequently, public authorities may have less incentive to pay on time. In addition, many public authorities can obtain financing at more attractive conditions than private undertakings. Therefore, late payment by public authorities not only leads to unjustified costs for private undertakings, but to inefficiency in general. It is therefore appropriate to introduce correspondingly higher dissuasive compensation in case of late payment by public authoritiemeasures intended to dissuade late payment should as a general rule apply equally to both sectors.
2010/02/09
Committee: JURI
Amendment 22 #
Proposal for a directive
Article 2 – point 6
(6) “statutory interest” means simple interest for late payment at a rate which is the sum of the reference rate, plus at least sevennine percentage points;
2010/02/09
Committee: JURI
Amendment 25 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that in commercial transactions between undertakings and between undertakings and public authorities, the creditor is entitled to interest for late payment without the necessity of a reminder if the following conditions are satisfied:
2010/02/09
Committee: JURI
Amendment 29 #
Proposal for a directive
Article 4 – paragraph 1 – point c
(c) fFor a debt of EUR 10 000 or more, a sum equivalent to 1% of the amount for which interest for late payment becomes payablefixed sum of EUR 100.
2010/02/09
Committee: JURI
Amendment 37 #
Proposal for a directive
Article 5 – paragraph 3
3. Member States shall ensure that the maximum duration of a procedure of acceptance or verification referred to in paragraph 2(b)(iii) shall not exceed 30 days, unless otherwise specified and duly justified in the tender documents and the contract.deleted
2010/02/09
Committee: JURI
Amendment 39 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
3a. Member States shall ensure that, where public services are provided by both the public and the private sector, the provisions of this Article shall apply to both.
2010/02/09
Committee: JURI
Amendment 40 #
Proposal for a directive
Article 5 – paragraph 5
5. Member States shall ensure that when interest for late payment becomes payable, the creditor is entitled to a lump sum compensation equal to 5% of the amount due. This compensation shall be additional to the interest for late payment.deleted
2010/02/09
Committee: JURI