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Activities of Jens ROHDE related to 2009/0054(COD)

Shadow opinions (1)

OPINION Proposal for a directive of the European Parliament and of the Council on combating late payment in commercial transactions (Recast)
2016/11/22
Committee: ITRE
Dossiers: 2009/0054(COD)
Documents: PDF(207 KB) DOC(537 KB)

Amendments (10)

Amendment 9 #
Proposal for a directive
Recital 10 a (new)
(10a) Even if the Union institutions are not directly bound by this Directive, it should be ensured that those institutions, as a matter of good practice, apply the payment provisions laid down in this Directive.
2010/02/18
Committee: ITRE
Amendment 10 #
Proposal for a directive
Recital 16
(16) SurveysExperience shows that public authorities often require contractual payment periods for commercial transactions that areare often significantly longer than 30 days. Therefore, payment periods for procurement contracts awarded by public authorities should be as a general rule limitin commercial transactions should be as a general rule limited to a maximum of 30 days; in cases where longer payment periods are duly justified in accordance with the principle of necessity or with special provisions of national law and where an explicit agreement has been made between the debtor and the creditor, the payment period could be extended to a maximum of 360 days.
2010/02/18
Committee: ITRE
Amendment 18 #
Proposal for a directive
Article 3
Interest in case of late payment 1. Member States shall ensure that in commercial transactions between undertakings, the creditor is entitled to interest for late payment without the necessity of a reminder if the following conditions are satisfied: (a) the creditor has fulfilled its contractual and legal obligations; (b) the creditor has not received the amount due on time, unless the debtor is not responsible for the delay. 2. Where the conditions set out in paragraph 1 are fulfilled, Member States shall ensure the following : (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; (b) if the date or period for payment is not fixed in the contract, interest for late payment shall become payable automatically within any of the following time limits : (i) 30 days following the date of receipt by the debtor of the invoice or an equivalent request for payment; (ii) if the debtor receives the invoice or the equivalent request for payment earlier than the goods or the services, 30 days after the receipt of the goods or services; (iii) if a procedure of acceptance or verification, by which the conformity of the goods or services with the contract is to be ascertained, is provided for by statute or in the contract and if the debtor receives the invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place,Article 30 days after that date. 3. Member States shall ensure that the applicable reference rate: (a) for the first semester of the year concerned shall be the rate in force on 1 January of that year; (b) for the second semester of the year concerned shall be the rate in force on 1 July of that year.eleted
2010/02/18
Committee: ITRE
Amendment 26 #
Proposal for a directive
Article 5 – title
Payment by public authoritiesInterest in case of late payment
2010/02/18
Committee: ITRE
Amendment 29 #
Proposal for a directive
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, 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:
2010/02/18
Committee: ITRE
Amendment 42 #
Proposal for a directive
Article 5 – paragraph 4
4. Member States shall ensure that: (a) the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2(b), unless it is duly justified in accordance with the principle of necessity or in accordance with special provisions laid down by national law and 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 periodn any event never exceeds 60 days; (b) the date of receipt of the invoice is not subject to a contractual agreement between debtor and creditor. Member States may, if necessary, deviate from the requirements laid down in paragraph (a) in cases of arrangements for payment by instalments or staggered payments which have been specifically agreed between the debtor and the creditor.
2010/02/18
Committee: ITRE
Amendment 46 #
Proposal for a directive
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 payments amounting to: (a) compensation equal to 52% of the amount due. This compensation shall be additional to the interest for late payment. from the date interest becomes payable; (b) compensation equal to 5% of the amount due after 30 days from the date interest becomes payable. Or. en (The original COM-AM is split into (a) and (b))
2010/02/18
Committee: ITRE
Amendment 49 #
Proposal for a directive
Article 5 – paragraph 6 – introductory part
6. Member States shall ensure that the applicable reference rate in commercial transactions leading to the delivery of goods or the provision of services for remuneration to public authorities:
2010/02/18
Committee: ITRE
Amendment 52 #
Proposal for a directive
Article 6 – title
Grossly unfair contractual clauses Grossly unfair contractual clauses and commercial practices
2010/02/18
Committee: ITRE
Amendment 53 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
1. Member States shall provide that a clause in a contract and/or a commercial practice relating to the date for payment, the rate of interest for late payment or recovery costs, or such a clause in informal agreements and in retrospective changes to the contract, 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. 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).
2010/02/18
Committee: ITRE