12 Amendments of Philippe JUVIN related to 2009/0054(COD)
Amendment 39 #
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 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 82 #
Proposal for a directive
Article 3
Article 3
Amendment 106 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
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:
Amendment 137 #
Proposal for a directive
Article 5 – title
Article 5 – title
Amendment 143 #
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 between undertakings, or 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 151 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. For public health institutions and public medico-social institutions, the time limits referred to in Article 5(2)(b)(i), (ii) and (iii) shall be sixty days.
Amendment 157 #
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 contractcontract relating to commercial transactions between undertakings, or in the tender documents and the contract relating to commercial transactions leading to the delivery of goods or the provision of services for remuneration to public authorities.
Amendment 167 #
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 period for payment shall in no event exceed 60 days.
Amendment 175 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 190 #
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 between undertakings and in commercial transactions leading to the delivery of goods or the provision of services for remuneration to public authorities:
Amendment 196 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Lump-sum compensation for late payment in commercial transactions 1. Member States shall ensure that, in commercial transactions between undertakings or in commercial transactions leading to the delivery of goods or the provision of services for remuneration to public authorities, when interest for late payment becomes payable, the creditor is entitled to obtain from the debtor lump-sum compensation equal to: (a) 2% of the amount due from the date when interest for late payment becomes payable; (b) 3% of the amount due after 30 days from the date when interest for late payment becomes payable; (c) 4% of the amount due after 45 days from the date when interest for late payment becomes payable; (d) 5% of the amount due after 60 days from the date when interest for late payment becomes payable. 2. The lump-sum compensation referred to in paragraph 1 shall be additional to the interest for late payment and to the compensation for recovery costs.
Amendment 207 #
Proposal for a directive
Article 7 – subparagraph 1a (new)
Article 7 – subparagraph 1a (new)
Member States shall make efforts to encourage the dissemination of information on the rights of creditors and debtors in commercial transactions, and the publication of a list of prompt payers to foster the spread of good practice.