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2 Amendments of Konstantinos POUPAKIS related to 2009/0054(COD)

Amendment 43 #
Proposal for a directive
Recital 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 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, some 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. In many cases, however, payments by public authorities which are not subject to the central administration, particularly local government authorities, are dependent on the prior transfer of State funds from the central administration. Therefore, late payment by public authorities not onlmay leads to unjustified costs for private undertakings, butand to inefficiency in general. It is therefore appropriate to introduce correspondingly higher dissuasive compensation in case of late payment by public authorities. When payment on the prescribed date is dependent on the prior transfer of State funds from the central administration, which has not been effected, and where a public authority not subject to the central administration is not responsible for the delay, the creditor shall not be entitled to the abovementioned lump sum compensation.
2010/03/10
Committee: IMCO
Amendment 179 #
Proposal for a directive
Article 5 – paragraph 5
Member States shall ensure that when interest for late payment becomes payableWhen payment on the prescribed date is dependent on the prior transfer of State funds from the central administration, which has not been effected, and where a public authority not subject to the central administration is not responsible for the delay, the creditor ishall not be entitled to a lump sum compensation equal to 5% of the amount due. This compensation shall be additional to the interest for late paymenta percentage of the amount due.
2010/03/10
Committee: IMCO