20 Amendments of María MUÑIZ DE URQUIZA related to 2009/0054(COD)
Amendment 10 #
Proposal for a directive
Recital 12
Recital 12
(12) Late payment constitutes a breach of contract which has been made financially attractive to debtors in most Member States by low or no interest rates charged on late payments and/or slow procedures for redress. A decisive shift towards a culture of prompt payment, including making the exclusion of the right to charge interest an unfair contractual clause and providing for a compensation of creditors for the costs incurred, is necessary to reverse this trend and to ensure that the consequences of late payments are such as to discourage late payment. That shift should include providing for compensation of creditors for the costs incurred in recovering overdue debts. Similarly, contractual clauses and commercial practices which set interest rates for late payment that are lower than the legal rate and compensation for debt recovery at less than that laid down in law should be deemed unfair contractual clauses and unfair commercial practices.
Amendment 13 #
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 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 15 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) In a further effort to prevent abuse of freedom of contract to the disadvantage of creditors, Member States and representative organisations which are officially recognised or have a legitimate interest must encourage, with the support of the Commission, the drawing-up and dissemination of codes of good conduct and the adoption of voluntary systems for the resolution of conflicts through mediation and arbitration, with suitable complaint mechanisms, negotiated at national or Union level, and designed to ensure the effective implementation of the rights provided for in this Directive.
Amendment 17 #
Proposal for a directive
Recital 22
Recital 22
(22) It is necessary to ensure that the recovery procedures for unchallenged claims related to late payment in commercial transactions be completed within a short period of time, and that it is possible to submit the application telematically.
Amendment 18 #
Proposal for a directive
Recital 22
Recital 22
(22) It is necessary to ensure that the recovery procedures for unchallenged claims related to late payment in commercial transactions be completed within a short period of time, in accordance with the relevant national laws, regulations and administrative provisions.
Amendment 24 #
Proposal for a directive
Recital 12
Recital 12
(12) Late payment constitutes a breach of contract which has been made financially attractive to debtors in most Member States by low interest rates charged on late payments and/or slow procedures for redress. A decisive shift, including making the exclusion of the right to charge interest an unfair contractual clause and providing for towards a culture of on-time payment is necessary to reverse this trend and to ensure that the consequences of late payments are such as to discourage late payment. This shift should include introducing compensation ofor creditors for the costs incurred, is necessary to reverse this trend and to ensure that the consequences of late payments are such as to discourage late paymentof recovering outstanding debts. Equally, clauses establishing interest rates for late payment or compensation levels f or debt recovery that are lower than those laid down in law should be considered as unfair contractual clauses and unfair commercial practices.
Amendment 40 #
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 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 41 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 44 #
Proposal for a directive
Article 6 – title and paragraph 1 – subparagraph 1
Article 6 – title and paragraph 1 – subparagraph 1
Amendment 45 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2 (becomes a new paragraph)
Article 6 – paragraph 1 – subparagraph 2 (becomes a new paragraph)
1b. For the purpose of the first subparagraph, a clause which excludesor commercial practice which establishes an interest rate for late payment that is lower than the reference legal rate for late payment, plus at least seven percentage points, or compensation for recovery costs less than that laid down in law, shall always be considered as grossly unfair.
Amendment 46 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Unfair clauses set out in the general terms governing a contract as referred in the first paragraph shall also be considered void.
Amendment 47 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The means referred to in paragraph 2 shall include provisions whereby representative organisationsorganisations officially recognised as representing companies, or as having a legitimate interest in doing so, are permitted to adopt systems for the resolution of conflicts through mediation and arbitration and may take action according to the national law concerned before the courts or before competent administrative bodies on the grounds that clauses are grosslyommercial terms or practices, including those relating to individual contracts, are unfair, so that they can apply appropriate and effective means to prevent their continued use.
Amendment 50 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that an enforceable title can be obtained, irrespective of the amount of the debt, normally within 90 calendar days of the lodging of the creditor'’s action or application at the court or other competent authority, provided that the debt or aspects of the procedure are not disputed. This duty shall be carried out by Member States in conformity with their respective national legislation, regulations and administrative provisions.
Amendment 51 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) In the context of an enhanced effort to prevent contractual freedom being abused against creditors’ interests, Member States, officially recognised bodies and bodies possessing a legitimate interest should encourage, with the Commission’s support, the drawing-up and publicisation of codes of conduct and the adoption of conflict resolution systems based on mediation and arbitration, which should be voluntary, should offer suitable complaint procedures and should be negotiated at national or Union level and designed so as to ensure full observance of the rights set out in this Directive.
Amendment 52 #
Proposal for a directive
Recital 22
Recital 22
(22) It is necessary to ensure that the recovery procedures for unchallenged claims related to late payment in commercial transactions be completed within a short period of time, with the possibility of submitting claims online.
Amendment 53 #
Proposal for a directive
Recital 22
Recital 22
(22) It is necessary to ensure that the recovery procedures for unchallenged claims related to late payment in commercial transactions be completed within a short period of time, in line with the relevant laws, regulations or administrative provisions at national level.
Amendment 60 #
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) “public authority” means any contracting authority or entity, as defined by Directive 2004/18/EC;pursuant to Article 2(1)(a) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 on coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors1, and to Article 1(9) of Directive 2004/18/EC; -------------------- 1 OJ L 134, 30.4.2004.
Amendment 73 #
Proposal for a directive
Article 2 – point 5
Article 2 – point 5
(5) “interest for late payment” means statutory interest or interest negotiated and agreed upon between undertakings;
Amendment 173 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 200 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
For the purpose of the first subparagraph, 1, a clause or commercial practice which excludes legal interest for late payment(the reference rate increased by at least 7 percentage points) or compensation for recovery costs, or both, shall always be considered as grossly unfair.