5 Amendments of Liem HOANG NGOC related to 2009/0054(COD)
Amendment 46 #
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, even though they may face lighter financing constraints because theyand may benefit from more secure, predictable and continuous revenue streams than private undertakings. It is therefore appropriate to introduce correspondingly higher dissuasive compensation in case of late payment by public authoritieHowever, unlike private undertakings, public authorities are not motivated by profit but pursue objectives in the general interest. It would not therefore seem desirable to introduce higher dissuasive compensation for public authorities than for private undertakings.
Amendment 86 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that in commercial transactions between private undertakings, the creditor is entitled to inter or those leading to the delivery of goods or the provision of servicest for late payment without the necessity of a reminderremuneration 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 98 #
Proposal for a directive
Article 3 – paragraphs 2 and 3
Article 3 – paragraphs 2 and 3
2. Where the conditions set out in paragraph 1 are fulfilled, Member States shall ensure the following: (a) interest for late payment shall become payable from the day following the date or the end of the period for payment fixed in the contract; (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 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, 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 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. For hospital structures, however, the time limits referred to in points( i), (ii), and (iii) are sixty days. 2a. Member States shall ensure that the maximum duration of the 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/or the contract. 2b. 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.
Amendment 133 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a Lump-sum compensation 1. Member States shall ensure that, when interest for late payment becomes payable, the creditor is entitled to obtain from the debtor any of the following amounts: (a) compensation equal to 3% of the amount due after 60 days from the date when interest becomes payable. (b) compensation equal to 5% of the amount due after 90 days from the date when interest becomes payable. 2. The compensation referred to in paragraph 1 shall be additional to the interest for late payment and to the compensation for recovery costs. 3. The amount of the compensation referred to in paragraph 1 shall not exceed EUR 50 000.
Amendment 135 #
Proposal for a directive
Article 5
Article 5