Activities of Jürgen CREUTZMANN 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 (13)
Amendment 28 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Public and private contracting authorities which enjoy a dominant market position often impose payment periods of more than 60 calendar days in contracts concluded with SMEs. The SMEs concerned often have no choice but to accept this disadvantageous condition because they are dependent on the contracts in question. The abuse of dominant market positions must be halted both in transactions between undertakings and in transactions between undertakings and public authorities. With that aim in view, contractual payment periods should be limited to a maximum of 60 days.
Amendment 33 #
Proposal for a directive
Recital 16
Recital 16
(16) Surveys show that public authorities often require contractual payment periods for commercial transactions that are significantly longer than 30 days. Therefore, payment periods for procurement contracts awarded by public authorities should be as a general rule limited to a maximum of 30 dayscalendar days. However, public authorities are required to set an example and, on the basis of their authorised budgets, are in a position to meet their payment obligations at any time. Therefore, payment periods for procurement contracts awarded by public authorities should be as a general rule limited to a maximum of 30 calendar days. Derogations from this principle should be possible only in cases where the genuine need for a longer payment period can be duly substantiated. On no account should the payment period exceed 60 calendar days, however.
Amendment 74 #
Proposal for a directive
Article 2 – point 5 a (new)
Article 2 – point 5 a (new)
(5a) “checkable invoice” means a clearly drawn up, comprehensive invoice which keeps to the agreed order of items and uses the descriptions contained in the contract. The supporting documents specified in the contract as being required to prove the nature and scope of the work performed must be enclosed with the invoice;
Amendment 84 #
Proposal for a directive
Article 3 – Title
Article 3 – Title
Interest in case of late payment in commercial transactions between undertakings
Amendment 97 #
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) (i) 30 calendar days following the date of receipt by the debtor of the checkable invoice or an equivalent request for payment; (ii) (ii) if the debtor receives the checkable invoice or the equivalent request for payment earlier than the goods or the services, 30 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, 30 calendar days after that date.
Amendment 100 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) Member States shall ensure that the applicable reference rate: (a) for the first semester of the year concerned shall be the rate in force on 1 January of that year; (b) for the second semester of the year concerned shall be the rate in force on 1 July of that yearcontractual payment period on no account exceeds 60 calendar days.
Amendment 116 #
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 fixed sum of EUR 40.
Amendment 153 #
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 30 days, unless otherwise specified and duly justified in the tender documents and the contract.
Amendment 159 #
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. The contractual payment period may on no account exceed 60 calendar days.
Amendment 178 #
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 of a public authority is entitled to a lump sum compensation equal to 5% of the amount due. This compensation shall be additional to the interest for late payment.
Amendment 189 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the applicable reference rate in commercial traThe lump sum compensactions leading to the delivery of goods or the provision of services for remuneration to public authorities: (a) for the first semester of the year concerned shall be the rate in force on 1 January of that year; (b) for the second semester of the year concerned shall be the rate in force on 1 July of that year referred to in paragraph 5 may not exceed EUR 2 000.
Amendment 194 #
Proposal for a directive
Article 5 – paragraph 6 b (new)
Article 5 – paragraph 6 b (new)
6b. Member States shall ensure that the creditor is entitled to refuse to deliver goods or services when the conditions in paragraph 1 are met and a public authority exceeds the deadline for payment by more than three months.
Amendment 197 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Applicable reference rate 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: (a) for the first semester of the year concerned shall be the rate in force on 1 January of that year; (b) for the second semester of the year concerned shall be the rate in force on 1 July of that year.