Activities of Bendt BENDTSEN related to 2009/0054(COD)
Shadow opinions (1)
OPINION Proposal for a directive of the European Parliament and of the Council on combating late payment in commercial transactions (Recast)
Amendments (17)
Amendment 9 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Even if the Union institutions are not directly bound by this Directive, it should be ensured that those institutions, as a matter of good practice, apply the payment provisions laid down in this Directive.
Amendment 10 #
Proposal for a directive
Recital 16
Recital 16
(16) SurveysExperience shows that public authorities often require contractual payment periods for commercial transactions that areare often significantly longer than 30 days. Therefore, payment periods for procurement contracts awarded by public authorities should be as a general rule limitin commercial transactions should be as a general rule limited to a maximum of 30 days; in cases where longer payment periods are duly justified in accordance with the principle of necessity or with special provisions of national law and where an explicit agreement has been made between the debtor and the creditor, the payment period could be extended to a maximum of 360 days.
Amendment 18 #
Proposal for a directive
Article 3
Article 3
Amendment 26 #
Proposal for a directive
Article 5 – title
Article 5 – title
Amendment 29 #
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 32 #
Proposal for a directive
Recital 16
Recital 16
(16) SurveysExperience shows that public authorities often require contractual payment periods for commercial transactions that areare often significantly longer than 30 days. Therefore, payment periods for procurement contracts awarded by public authorities should be as a general rule limitin commercial transactions should be as a general rule limited to a maximum of 30 days; in cases where longer payment periods are duly justified in accordance with the principle of necessity or with special provisions of national law and where an explicit agreement has been made between the debtor and the creditor, the payment period could be extended to a maximum of 360 days.
Amendment 42 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall ensure that: (a) the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2(b), unless it is duly justified in accordance with the principle of necessity or in accordance with special provisions laid down by national law and 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 periodn any event never exceeds 60 days; (b) the date of receipt of the invoice is not subject to a contractual agreement between debtor and creditor. Member States may, if necessary, deviate from the requirements laid down in paragraph (a) in cases of arrangements for payment by instalments or staggered payments which have been specifically agreed between the debtor and the creditor.
Amendment 46 #
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 payments amounting to: (a) compensation equal to 52% of the amount due. This compensation shall be additional to the interest for late payment. from the date interest becomes payable; (b) compensation equal to 5% of the amount due after 30 days from the date interest becomes payable. Or. en (The original COM-AM is split into (a) and (b))
Amendment 49 #
Proposal for a directive
Article 5 – paragraph 6 – introductory part
Article 5 – paragraph 6 – introductory part
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:
Amendment 52 #
Proposal for a directive
Article 6 – title
Article 6 – title
Grossly unfair contractual clauses Grossly unfair contractual clauses and commercial practices
Amendment 53 #
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 and/or a commercial practice relating to the date for payment, the rate of interest for late payment or recovery costs, or such a clause in informal agreements and in retrospective changes to the contract, 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. 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 81 #
Proposal for a directive
Article 3
Article 3
Amendment 136 #
Proposal for a directive
Article 5 – title
Article 5 – title
Amendment 141 #
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 163 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall ensure that: (a) the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2(b), unless it is duly justified in accordance with the principle of necessity or in accordance with special provisions laid down by national law and unless it is specifically agreed between the debtor and the creditor, and is duly justified in the lightn any event never exceeds 60 days. (b) Member States may, if necessary, deviate from the requirements laid down in paragraph (a) in cases of arrangements ofn particular circumstances such as an objective need to schedule payment over a longer periodyment by instalments or staggered payments which have been specifically agreed between the debtor and the creditor. (c) Member States shall ensure that the date of receipt of the invoice is not subject to a contractual agreement between debtor and creditor.
Amendment 186 #
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 sumcompensation payments amounting to: (a) compensation equal to 52 % of the amount due. This compensation shall be additional to the interest for late payment from the date when interest becomes payable; (b) compensation equal to 5 % of the amount due after 30 days from the date when interest becomes payable.
Amendment 191 #
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: