21 Amendments of Andreas SCHWAB related to 2009/0054(COD)
Amendment 10 #
Proposal for a directive
Recital 16
Recital 16
(16) SurveysExperience shows that public authorities often require contractual payment periods for commercial transactions that areare often significantly longer than 30 days. Therefore, payment periods for procurement contracts awarded by public authorities should be as a general rule limitin commercial transactions should be as a general rule limited to a maximum of 30 days; in cases where longer payment periods are duly justified in accordance with the principle of necessity or with special provisions of national law and where an explicit agreement has been made between the debtor and the creditor, the payment period could be extended to a maximum of 360 days.
Amendment 17 #
Proposal for a directive
Recital 7
Recital 7
(7) One of the priority actions of the “European Economic Recovery Plan” is the reduction of administrative burdens and the promotion of entrepreneurship by, inter alia, ensuring that public authorities pay, as a matter of principle, invoices, including to SMEs, for supplies and services are paid within one month to ease liquidity constraints.
Amendment 18 #
Proposal for a directive
Article 3
Article 3
Amendment 25 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) As a matter of principle, the Member States should create positive incentives for prompt payment by contracting authorities. With that aim in view, they should lay down rules governing measures such as price reductions for payment within a given period or in cash (discounts), advance payments, part payments, dispute settlement arrangements and the involvement of an ombudsman.
Amendment 26 #
Proposal for a directive
Article 5 – title
Article 5 – title
Amendment 29 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that, in commercial transactions leading to the delivery of goods or the provision of services for remuneration to public authorities, the creditor is entitled, without the necessity of a reminder, to interest for late payment equal to statutory interest if the following conditions are satisfied:
Amendment 32 #
Proposal for a directive
Recital 16
Recital 16
(16) SurveysExperience shows that public authorities often require contractual payment periods for commercial transactions that areare often significantly longer than 30 days. Therefore, payment periods for procurement contracts awarded by public authorities should be as a general rule limitin commercial transactions should be as a general rule limited to a maximum of 30 days; in cases where longer payment periods are duly justified in accordance with the principle of necessity or with special provisions of national law and where an explicit agreement has been made between the debtor and the creditor, the payment period could be extended to a maximum of 360 days.
Amendment 42 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall ensure that: (a) the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2(b), unless it is duly justified in accordance with the principle of necessity or in accordance with special provisions laid down by national law and unless it is specifically agreed between the debtor and the creditor, and is duly justified in the light of particular circumstances such as an objective need to schedule payment over a longer periodn any event never exceeds 60 days; (b) the date of receipt of the invoice is not subject to a contractual agreement between debtor and creditor. Member States may, if necessary, deviate from the requirements laid down in paragraph (a) in cases of arrangements for payment by instalments or staggered payments which have been specifically agreed between the debtor and the creditor.
Amendment 44 #
Proposal for a directive
Recital 17
Recital 17
(17) Late payment is particularly regrettable if it occurs despite the debtor’s solvency. Surveys show that in some Member States public authorities often pay invoices very late after expiration of the applicable payment period. Public authorities may face lighter financing constraints because they may benefit from more secure, predictable and continuous revenue streams than private undertakings. At the same time, they depend less than private undertakings on building stable commercial relationships for the achievement of their 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 authorities.
Amendment 46 #
Proposal for a directive
Article 5 – paragraph 5
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 payments amounting to: (a) compensation equal to 52% of the amount due. This compensation shall be additional to the interest for late payment. from the date interest becomes payable; (b) compensation equal to 5% of the amount due after 30 days from the date interest becomes payable. Or. en (The original COM-AM is split into (a) and (b))
Amendment 49 #
Proposal for a directive
Article 5 – paragraph 6 – introductory part
Article 5 – paragraph 6 – introductory part
6. Member States shall ensure that the applicable reference rate in commercial transactions leading to the delivery of goods or the provision of services for remuneration to public authorities:
Amendment 75 #
Proposal for a directive
Article 2 – point 6
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;
Amendment 79 #
Proposal for a directive
Article 2 – point 9 b (new)
Article 2 – point 9 b (new)
(9b) “checkable invoice” means a clearly drawn up final invoice which keeps to the agreed order of items and uses the descriptions contained in the contract. The quantity calculations, drawings and other supporting documents required to prove the nature and scope of the work performed must be enclosed with the invoice;
Amendment 81 #
Proposal for a directive
Article 3
Article 3
Amendment 136 #
Proposal for a directive
Article 5 – title
Article 5 – title
Amendment 141 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that, in commercial transactions leading to the delivery of goods or the provision of services for remuneration to public authorities, the creditor is entitled, without the necessity of a reminder, to interest for late payment equal to statutory interest if the following conditions are satisfied:
Amendment 146 #
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) if the date or period for payment is not fixed in the contract, interest for late payment shall become payable automatically within any of the following time limits: (i) 30 days following the date of receipt by the debtor of the checkable invoice or an equivalent request for payment; (ii) if the debtor receives the checkable invoice or the equivalent request for payment earlier than the goods or the services, 30 days after the receipt of the goods or services; (iii) if a procedure of acceptance or verification, by which the conformity of the goods or services with the contract is to be ascertained, is provided for by statute or in the contract and if the debtor receives the checkable invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place, 30 days after that date.
Amendment 163 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall ensure that: (a) the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2(b), unless it is duly justified in accordance with the principle of necessity or in accordance with special provisions laid down by national law and unless it is specifically agreed between the debtor and the creditor, and is duly justified in the lightn any event never exceeds 60 days. (b) Member States may, if necessary, deviate from the requirements laid down in paragraph (a) in cases of arrangements ofn particular circumstances such as an objective need to schedule payment over a longer periodyment by instalments or staggered payments which have been specifically agreed between the debtor and the creditor. (c) Member States shall ensure that the date of receipt of the invoice is not subject to a contractual agreement between debtor and creditor.
Amendment 185 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 191 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the applicable reference rate in commercial transactions leading to the delivery of goods or the provision of services for remuneration to public authorities:
Amendment 195 #
Proposal for a directive
Article 5 – paragraph 6 c (new)
Article 5 – paragraph 6 c (new)
6c. In commercial transactions leading to the delivery of goods or the provision of services for remuneration to public authorities, Member States may by way of derogation from paragraph 4a establish a “bonus-malus” system whereby the debtor and creditor can either agree on staggered payments or the creditor is entitled to lump sum compensation of 2 % of the amount due. The period for payment fixed in the contract shall in any event not exceed 60 days.