9 Amendments of Patrizia TOIA related to 2009/0054(COD)
Amendment 17 #
Proposal for a directive
Article 2 – point 9 a (new)
Article 2 – point 9 a (new)
(9a) ‘SMEs’ means small and medium- sized enterprises as defined by Commission recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises1. 1 OJ L 124, 20.05.2003, p. 36.
Amendment 23 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Member States shall ensure that, when interest for late payment becomes payable, and when the creditor is an SME, the creditor is entitled to flat-rate compensation equal to 5% of the amount due. This compensation shall be additional to the interest for late payment.
Amendment 24 #
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 equivalent to 1% of the amount for which interest for late payment becomes payable. These amounts shall be subject to biennial review.
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 360 days, unless otherwise specified and duly justified in the tender documents and the contract.
Amendment 41 #
Proposal for a directive
Article 5 – paragraph 4
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.
Amendment 48 #
Proposal for a directive
Article 5 – paragraph 5 – subparagraph 1 a (new)
Article 5 – paragraph 5 – subparagraph 1 a (new)
In the event that the creditor entitled to flat-rate compensation has subcontracted to other undertakings, the flat-rate compensation shall be redistributed proportionately to those undertakings as well.
Amendment 54 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
1. Member States shall provide that a clause in a contract relating to the date for payment, the rate of interest for late payment or recovery costs 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, as well as the size of the undertakings. 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) .
Amendment 58 #
Proposal for a directive
Article 7
Article 7
Member States shall ensure full transparency about the rights and obligations stemming from this Directive, in particular by publishing the applicable statutory interest rate and the procedure relating to payments by public authorities, as a specific guarantee to any possible chain of subcontractors.
Amendment 59 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. National legislation, regulations and administrative provisions shall apply the same conditions for all creditors, on the basis of their size, who are established in the CommunityUnion.