11 Amendments of Lara COMI related to 2009/0054(COD)
Amendment 12 #
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) ‘public authority’ means any contracting authority, as defined by Directive 2004/18/EC; and by Article 2(1)(a) of 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; 1 OJ L 134, 30.04.2004, p. 1.
Amendment 20 #
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 thte on which the payment becomes due eand of the period for payment fixed in the contractshall be subject to a progressive rate which shall not exceed 5%;
Amendment 35 #
Proposal for a directive
Recital 16
Recital 16
(16) Surveys show that public authorities often require contractual payment periods for commercial transactions that are significantly longer than 30 days. Therefore, payment periods for procurement contracts awarded by public authorities should be as a general rule limited to a maximum of 30 days.
Amendment 37 #
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 genThis is due to various factors. While, on the one hand, public authorities may benefit from more secure, predictable and continuous revenue streams and can obtain financing at more attractive conditions than private undertakings, on the other hand their internal. It is therefore appropriate to introduce correspondingly higher dissuasive compensation in case of late payment by public authorities structure does not have the flexibility typical of the private sector.
Amendment 64 #
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) “public authority” means any contracting authority, as defined by Directive 2004/18/EC and Directive 2004/17/EC;
Amendment 118 #
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 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 equivalental to 1.5% of the amount for which interest for late payment becomes payabldue.
Amendment 125 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure that the amounts referred to in paragraph 1 shall be payable without the necessity of a reminder and as compensation for the creditor’s own recovery costs.
Amendment 128 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 148 #
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(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) 390 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, 390 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, 390 days after that date.
Amendment 156 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that the maximum duration of a procedure of acceptance or verification referred to in paragraph 2(b)(iii) shall not exceed 390 days, unless otherwise specified and duly justified in the tender documents and the contract.
Amendment 181 #
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 sum compensation equal to 53% of the amount due. This compensation shall be additional to the interest for late payment.