5 Amendments of Alexandra THEIN related to 2009/0054(COD)
Amendment 11 #
Proposal for a directive
Recital 13
Recital 13
(13) In the interest of consistency of Community legislation, the definition of "contracting authorities" in Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public services contracts and 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 should apply for the purposes of this Directive. 1 OJ L 134, 30.4.2004, p. 1.
Amendment 14 #
Proposal for a directive
Recital 18
Recital 18
(18) This Directive should prohibit abuse of freedom of contract to the disadvantage of the creditor. Where an agreement mainly serves the purpose of procuring the debtor additional liquidity at the expense of the creditor, for example through the exclusion of the possibility for the creditor to charge interest for late payment or specifying an interest rate for late payment which is substantially lower than the statutory interest provided for in this Directive, or where the main contractor imposes on his suppliers and subcontractors terms of payment which are not justified on the grounds of the terms granted to himself , these may be considered to be factors constituting such an abuse. This Directive should not affect national provisions relating to the way contracts are concluded or regulating the validity of contractual terms which are unfair to the debtor. To ensure consistency with the common frame of reference for European contract law, those of its terms should be used which can contribute to better interpretation.
Amendment 20 #
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/ECs 2004/17/EC and 2004/18/EC, irrespective of the legal form in which the public authority operates;
Amendment 38 #
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 30 days, unless otherwise specified and duly justified by a reference to special circumstances in the tender documents and the contract.
Amendment 42 #
Proposal for a directive
Article 6 – title and paragraph 1
Article 6 – title and paragraph 1