Activities of Heide RÜHLE related to 2009/0054(COD)
Shadow reports (1)
REPORT Report on the proposal for a directive of the European Parliament and of the Council on combating late payment in commercial transactions (recast) PDF (458 KB) DOC (662 KB)
Amendments (17)
Amendment 17 #
Proposal for a directive
Recital 7
Recital 7
(7) One of the priority actions of the “European Economic Recovery Plan” is the reduction of administrative burdens and the promotion of entrepreneurship by, inter alia, ensuring that public authorities pay, as a matter of principle, invoices, including to SMEs, for supplies and services are paid within one month to ease liquidity constraints.
Amendment 41 #
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, regardless of whether the debtor is from the public or thane private undertakings. At the same time, they depend less than private undertakings on the building stable commercial relationships for the achievement of sector. Therefore penalties and otheir aims. Consequently, 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 authoritiemeasures intended to dissuade late payment should as a general rule apply equally to both sectors.
Amendment 61 #
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 any Union institution mentioned in Article 13 of the Treaty on European Union;
Amendment 71 #
Proposal for a directive
Article 2 – point 5
Article 2 – point 5
(5) “interest for late payment” means statutory interest or interest negotiated and agreed upon between undertakingthe parties;
Amendment 76 #
Proposal for a directive
Article 2 – point 6
Article 2 – point 6
6. “statutory interest” means simple interest for late payment at a rate which is the sum of the reference rate, plus at least sevennine percentage points;
Amendment 78 #
Proposal for a directive
Article 2 – point 9 a (new)
Article 2 – point 9 a (new)
(9a) “checkable invoice” means a clearly drawn up final invoice which keeps to the agreed order of items and uses the descriptions contained in the contract. The quantity calculations, drawings and other supporting documents required to prove the nature and scope of the work performed must be enclosed with the invoice;
Amendment 89 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
(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:
Amendment 96 #
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – 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) 30up to 60 calendar days following the date of receipt by the debtor of thand the due date of the checkable invoice or an equivalent request for payment; (ii) if the debtor receives the checkable invoice or the equivalent request for payment earlier than the goods or the services, 30up to 60 calendar 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 checkable invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place, 30up to 60 calendar days after thatis latter date.;
Amendment 99 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Member States may define shorter time limits of between 30 and 60 days.
Amendment 122 #
Proposal for a directive
Article 4 – paragraphs 1 and 2
Article 4 – paragraphs 1 and 2
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. 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 fixed sum of EUR 40.
Amendment 140 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
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:
Amendment 147 #
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) 30up to 60 calendar days following the due date and the date of receipt by the debtor of the checkable invoice or an equivalent request for payment; (ii) if the debtor receives the checkable invoice or the equivalent request for payment earlier than the goods or the services, 30up to 60 calendar 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 checkable invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place, 30up to 60 calendar days after that date.
Amendment 154 #
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 168 #
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 171 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Member States may define shorter time limits of between 30 and 60 days.
Amendment 176 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 192 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
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: