8 Amendments of Gianni PITTELLA related to 2009/0054(COD)
Amendment 20 #
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 public authorities.
Amendment 59 #
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 85 #
Proposal for a directive
Article 3 – title
Article 3 – title
Interest in case offor late payments between undertakings
Amendment 93 #
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 must not exceed 60 days from the date of delivery of the goods or performance of the services to which the contract relates;
Amendment 105 #
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 automatically entitled to obtain from the debtor, i.e. without the individual creditor’s having to take any action, any of the following minimum amounts:
Amendment 145 #
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 187 #
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 sumobtain from the debtor any of the following amounts: (a) compensation equal to 2 % of the amount due from the date when interest becomes payable; (b) compensation equal to 4 % of the amount due after 45 days from the date when interest becomes payable; (c) compensation equal to 5 % of the amount due after 60 days from the date when interest becomes payable. 5a. Thise compensation referred to in paragraph 5 shall be additional to the interest for late payment and to the compensation for recovery costs.
Amendment 193 #
Proposal for a directive
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. Member States may provide that the creditor may request public authorities to certify, within a given period following submission of the request, that the debt referred to in paragraph 1 is certain, of a fixed amount, and payable, in order to enable it to assign the debt, without recourse, to banks or financial intermediaries recognised by the legislation in force. Such assignment shall take effect in relation to the assigned debtor from the moment of the above- mentioned certification. From the moment that the certification has been made, interest for late payment shall cease to be payable, and no lump sum compensation may be paid as provided for in paragraph 5.