16 Amendments of Sabine VERHEYEN related to 2009/0054(COD)
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 25 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) As a matter of principle, the Member States should create positive incentives for prompt payment by contracting authorities. With that aim in view, they should lay down rules governing measures such as price reductions for payment within a given period or in cash (discounts), advance payments, part payments, dispute settlement arrangements and the involvement of an ombudsman.
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 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 44 #
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 in some Member States 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.
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 79 #
Proposal for a directive
Article 2 – point 9 b (new)
Article 2 – point 9 b (new)
(9b) “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 81 #
Proposal for a directive
Article 3
Article 3
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 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 146 #
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) 30 days following 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, 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 checkable 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.
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 180 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall ensure that the creditor is entitled to a lump sum compensation payment equivalent to 52% of the sum owed if interest for late payment is due. This compensation shall be additional to the interest for late payment.
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: