8 Amendments of Hans-Peter MAYER related to 2009/0054(COD)
Amendment 26 #
Proposal for a directive
Recital 13
Recital 13
(13) In the interest of consistency of Community legislation, the definition of “contracting authorities” in Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public services contracts should apply for the purposes of this Directiveand Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors1 should apply for the purposes of this Directive. However, the definition of “public authority” should not cover public undertakings as defined in Directive 2004/17/EC. _____ 1 OJ L 134, 30.4.2004, p. 1.
Amendment 30 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) In addition to an entitlement to payment of a fixed sum to cover internal recovery costs, creditors should also be entitled to reimbursement of the other recovery costs they incur as a result of late payment by a debtor, costs which should include, in particular, those incurred by creditors in instructing a lawyer or employing a debt collecting agency. Creditors should also be able to claim costs incurred in making use of an overdraft facility.
Amendment 45 #
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 62 #
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) “public authority” means any contracting authority, as defined by Directive 2004/18in Article 1(9) of Directive 2004/18/EC and in Article 2(1)(a) of Directive 2004/17/EC;
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 117 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
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 EUR 20 from the debtor any of the following amounts: (a) for a debt of less than EUR 1 000, a fixed sum of EUR 40; (b) for a debt of EUR 1 000 or more, but less than EUR 10 000, a fixed sum of EUR 70; (c) for a debt of EUR 10 000 or more, a sum equivalent to 1% of the amount for which interest for late payment becomes payable.
Amendment 131 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Unless the debtor is not responsible for the delay, the creditor shall, in addition to the amounts set out in paragraph 1, be entitled to obtain reasonable compensation from the debtor for all remaining recovery costs incurred through the latter’s late payment. The other costs include in particular the costs incurred by the creditor arising from late payment as a result of instructing a lawyer, employing a debt collecting agency or making use of an overdraft facility.
Amendment 185 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5