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12 Amendments of Philippe JUVIN related to 2009/0054(COD)

Amendment 39 #
Proposal for a directive
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.
2010/03/10
Committee: IMCO
Amendment 82 #
Proposal for a directive
Article 3
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)Article 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, 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 Interest in case of late payment
2010/03/10
Committee: IMCO
Amendment 106 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
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:
2010/03/10
Committee: IMCO
Amendment 137 #
Proposal for a directive
Article 5 – title
Payment by public authoritieInterest in case of late payment in commercial transactions
2010/03/10
Committee: IMCO
Amendment 143 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that, in commercial transactions between undertakings, or 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:
2010/03/10
Committee: IMCO
Amendment 151 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
2a. For public health institutions and public medico-social institutions, the time limits referred to in Article 5(2)(b)(i), (ii) and (iii) shall be sixty days.
2010/03/10
Committee: IMCO
Amendment 157 #
Proposal for a directive
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 in the tender documents and the contractcontract relating to commercial transactions between undertakings, or in the tender documents and the contract relating to commercial transactions leading to the delivery of goods or the provision of services for remuneration to public authorities.
2010/03/10
Committee: IMCO
Amendment 167 #
Proposal for a directive
Article 5 – paragraph 4
4. Member States shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2(b), 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 period. The period for payment shall in no event exceed 60 days.
2010/03/10
Committee: IMCO
Amendment 175 #
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 equal to 5% of the amount due. This compensation shall be additional to the interest for late payment.deleted
2010/03/10
Committee: IMCO
Amendment 190 #
Proposal for a directive
Article 5 – paragraph 6
6. Member States shall ensure that the applicable reference rate in commercial transactions between undertakings and in commercial transactions leading to the delivery of goods or the provision of services for remuneration to public authorities:
2010/03/10
Committee: IMCO
Amendment 196 #
Proposal for a directive
Article 5 a (new)
Article 5a Lump-sum compensation for late payment in commercial transactions 1. Member States shall ensure that, in commercial transactions between undertakings or in commercial transactions leading to the delivery of goods or the provision of services for remuneration to public authorities, when interest for late payment becomes payable, the creditor is entitled to obtain from the debtor lump-sum compensation equal to: (a) 2% of the amount due from the date when interest for late payment becomes payable; (b) 3% of the amount due after 30 days from the date when interest for late payment becomes payable; (c) 4% of the amount due after 45 days from the date when interest for late payment becomes payable; (d) 5% of the amount due after 60 days from the date when interest for late payment becomes payable. 2. The lump-sum compensation referred to in paragraph 1 shall be additional to the interest for late payment and to the compensation for recovery costs.
2010/03/10
Committee: IMCO
Amendment 207 #
Proposal for a directive
Article 7 – subparagraph 1a (new)
Member States shall make efforts to encourage the dissemination of information on the rights of creditors and debtors in commercial transactions, and the publication of a list of prompt payers to foster the spread of good practice.
2010/03/10
Committee: IMCO