Activities of Matteo SALVINI related to 2009/0054(COD)
Shadow reports (1)
REPORT Report on the proposal for a directive of the European Parliament and of the Council on combating late payment in commercial transactions (recast) PDF (458 KB) DOC (662 KB)
Amendments (22)
Amendment 18 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In some Member States contractual payment periods differ significantly from the Union average.
Amendment 19 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The difference in payment rules and practices between the Member States constitutes an obstacle to the proper functioning of the internal market.
Amendment 22 #
Proposal for a directive
Recital 10
Recital 10
(10) This Directive should regulate all commercial transactions irrespective of whether they are carried out between private or public undertakings or between undertakings and public authorities, having regard to the fact that the latter handle a considerable volume of payments to business. It should therefore also regulate all commercial transactions between main contractors and their suppliers and subcontractors as well as collective agreements on commercial transactions, including continuous or recurring ones, between undertakings or associations representing undertakings and the public authorities.
Amendment 57 #
Proposal for a directive
Article 2 – point 1
Article 2 – point 1
1. “commercial transactions” means transactions between undertakings or between undertakings and public authorities, including transactions governed by collective agreements, which lead to the delivery of goods or the provision of services for remuneration;
Amendment 70 #
Proposal for a directive
Article 2 – point 5
Article 2 – point 5
(5) “interest for late payments” means statutory interest or interest negotiated and agreed upon between undertakings, which shall not be below the rate determined in this Directive;
Amendment 80 #
Proposal for a directive
Article 2 – point 9 c (new)
Article 2 – point 9 c (new)
(9c) “SMEs” means small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises.
Amendment 91 #
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) interest for late payment shall become payable from the day following the date or the end of the period for payment fixed in the contract, which shall not exceed 60 days from the date of receipt of the goods or performance of the services to which the contract relates;
Amendment 101 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Member States shall ensure that when interest for late payment is payable and the creditor is an SME, 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.
Amendment 104 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that, when interest for late payment becomes payable in commercial transactions in accordance with Articles 3 and 5 and unless otherwise specified in the contract, the creditor is entitled to obtain from the debtor any of the following amounts, subject to biennial review:
Amendment 113 #
Proposal for a directive
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) Compensation equal to 1 % of the amount due for every day of further delay after 60 days from the date when interest became payable.
Amendment 126 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The compensation referred to in paragraph 1, point (ca) shall apply until the end of the 12th month of consecutive delay.
Amendment 127 #
Proposal for a directive
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2b. The amount of compensation referred to in paragraph 1 shall not exceed EUR 50 000.
Amendment 138 #
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, or on behalf of public authorities to third parties, 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 155 #
Proposal for a directive
Article 5 – paragraph 3
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 360 days, unless otherwise specified and duly justified in the tender documents and the contract.
Amendment 169 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2(b), 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 period.
Amendment 183 #
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 equal to 5% of the amount due. This compensation shall be additional to the interest for late payment. Where the creditor entitled to the lump sum compensation has subcontracted with other undertakings, the lump sum shall also be redistributed proportionally to those undertakings.
Amendment 199 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall provide that a clause in a contract relating to the date for payment, the rate of interest for late payment or recovery costs shall either be unenforceable or shall give rise to a claim for damages if it is grossly unfair to the creditor. In determining whether a clause is grossly unfair to the creditor, all circumstances of the case shall be considered, including good commercial practice and, the nature of the product or the service, and the size of the undertakings concerned. Account shall also be taken of whether the debtor has any objective reason to deviate from the statutory rate of interest or from Article 3(2)(b), Article 4(1) or Article 5(2)(b) . For the purposes of the first subparagraph, a clause which excludes interest for late payment shall always be considered as grossly unfair.
Amendment 202 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2 a (new)
Article 6 – paragraph 1 – subparagraph 2 a (new)
For the purpose of the first subparagraph, a clause which exceeds the period provided for in Article 5(2)(b) shall always be considered as grossly unfair.
Amendment 203 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2 b (new)
Article 6 – paragraph 1 – subparagraph 2 b (new)
The abuse of a dominant position by public authorities should be considered as a grossly unfair practice.
Amendment 206 #
Proposal for a directive
Article 7
Article 7
Member States shall ensure full transparency about the rights and obligations stemming from this Directive, in particular by publishing the applicable statutory interest rate and monitoring the payment behaviour of general government, specifically with a view to protecting any subcontracting chains.
Amendment 209 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. National legislation, regulations and administrative provisions shall apply the same conditions for all creditors who are established in the CommunityUnion, according to their size.
Amendment 210 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1 to 7 and 9 by [last day of the 12th month following publication of this Directive in the Official Journal of the European Union] at the latest. For the purposes of compliance with Article 5, each Member State shall have the option of postponing the entry into force of that Article by not more than 36 months for payments concerning specific sectors. The sectors in question shall be determined by the individual Member States and notified to the Commission, which must approve them. They shall forthwith communicate to the Commission the text of those provisions and a table showing the correlation table between those provisions and this Directive.