8 Amendments of Reinhard BÜTIKOFER related to 2009/0054(COD)
Amendment 13 #
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 21 #
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) 360 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, 360 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, 360 days after that date.
Amendment 22 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1 a (new)
Article 3 – paragraph 2 – subparagraph 1 a (new)
Member States may define shorter time limits of between 30 days and 60 days.
Amendment 28 #
Proposal for a directive
Article 5 – title
Article 5 – title
Payment by public authorities Payment by the debtor
Amendment 33 #
Proposal for a directive
Article 5 – paragraph 2 – point b – points i to iii
Article 5 – paragraph 2 – point b – points i to iii
(i) 360 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, 360 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, 360 days after that date.
Amendment 35 #
Proposal for a directive
Article 5 – paragraph 2 – point b – subparagraph 1 a (new)
Article 5 – paragraph 2 – point b – subparagraph 1 a (new)
Member States may define shorter time limits of between 30 days and 60 days.
Amendment 39 #
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 50 #
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: