24 Amendments of Sergio GUTIÉRREZ PRIETO related to 2018/0082(COD)
Amendment 98 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive applies to certain unfair trading practices which occur in relatito all types of operator along to the sales of food products by a supplier that is a small and medium-sized enterprise to a buyer that is not a small and medium-sized enterprisehe food supply chain, in any of the following circumstances: a) one of the operators is an SME and the other is not; b) one of the operators has primary agricultural, livestock, fishery or forestry producer status, or is a group having such status, and the other does not; c) one of the operators is economically dependent on the other operator, meaning that the total sum for which the supplier invoiced the buyer accounts for at least 30% of the supplier turnover during the previous year.
Amendment 109 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Directive shall not apply to product deliveries made to agricultural cooperatives and other associated entities by their members, provided that they are compulsory according to their organization's rules.
Amendment 111 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive shall apply to supplyfood agreements concluded after the date of applicability of the provisions transposing this Directive referred to in the second subparagraph of Article 12(1).
Amendment 119 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) “supplier” means any agricultural producer or any natural or legal person, irrespective of their place of establishmentestablished in the Union, who sells food products. The term “supplier” may include a group of such agricultural producers or such natural and legal persons, including producer organisations and associations of producer organisations or agricultural cooperatives;
Amendment 123 #
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) “food procurement contract” means a contract in which one party commits to provide the other party with food or food products and the aforementioned food inputs, for a certain price, whether this be an isolated sale or on-going supply;
Amendment 124 #
Proposal for a directive
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(bb) "economic dependence" occurs when, in a relationship between supplier and buyer, the total sum for which the supplier invoiced the buyer accounts for at least 30% of supplier turnover during the previous year;
Amendment 152 #
Proposal for a directive
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) an operator sells food or food products below cost. This practice exists when the price applied to a food product is lower than the purchase price as per the invoice, less the proportional part of the discounts included in the invoice, or the actual cost of production if the good was produced by the seller itself, plus the indirect taxes charged on the transaction;
Amendment 188 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium-sized enterprise to a buyer that is not a small and medium-sized enterpriseto all types of operator along the food supply chain, in any of the following circumstances: a) One of the operators is a small and medium-sized enterprise and the other is not; b) One of the operators has primary agricultural, livestock, fishery or forestry producer status, or is a group having such status, and the other does not; c) One of the operators is economically dependent on the other operator, meaning that the total sum for which the supplier invoiced the buyer accounts for at least 30 % of the supplier turnover during the previous year.
Amendment 219 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. This Directive shall not apply to product deliveries made to agricultural cooperatives and other associated entities by their members, provided that they are compulsory according to their organization's rules.
Amendment 220 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive shall apply to supplyfood agreements concluded after the date of applicability of the provisions transposing this Directive referred to in the second subparagraph of Article 12(1).
Amendment 236 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A supplien operator shall address a complaint to the enforcement authority of the Member State in which the buyer operator suspected to have engaged in a prohibited trading practice is established.
Amendment 239 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. An affected operator may also request the enforcement authority of its Member State to address the complaint to the enforcement authority of the Member State where the operator suspected of carrying out a prohibited commercial practice is established.
Amendment 242 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) “supplier” means any agricultural producer or any natural or legal person, irrespective of their place of establishmentestablished in the UE, who sells food products. The term “supplier” may include a group of such agricultural producers or such natural and legal persons, including producer organisations and associations of producer organisations or agricultural cooperatives;
Amendment 246 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Producer organisations or, associations of producer organisations and professional agricultural organisations whose member(s) or member(s) of their members consider(s) that they are affected by a prohibited trading practice shall have the right to submit a complaint.
Amendment 248 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The enforcement authority shall ensure, if so requested by the complainant, the confidentiality of the identity of the complainant and any other information, in respect of which the complainant considers disclosure harmful to his interests. The complainant shall identify such information in a possible request for confidentiality. Throughout the procedure, the authorities shall guarantee the anonymity of all the parties concerned, as well as confidentiality of the process and of any sensitive information, while protecting the procedural rights of the defendant.
Amendment 253 #
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(b a) "economic dependence" occurs when, in a relationship between supplier and buyer, the total sum for which the supplier invoiced the buyer accounts for at least 30 % of turnover during the previous year;
Amendment 257 #
Proposal for a directive
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(b b) “food procurement contract” means a contract in which one party commits to provide the other party with food or food products and the aforementioned food inputs, for a certain price, whether this be an isolated sale or ongoing supply.
Amendment 288 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States may provide for rules designed to combat unfair trading practices going beyond those set out in Articles 1, 3, 5, 6 and 7, provided that such national rules are compatible with the rules on the functioning of the internal market.
Amendment 324 #
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(d a) an operator sells food or food products below costs. This practice exists when the price applied to a food product is lower than the purchase price as per invoice, less the proportional part of the discounts included in the invoice, or the actual cost of production if the good was produced by the seller himself, plus the indirect taxes charged on the transaction.
Amendment 537 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A supplien operator shall address a complaint to the enforcement authority of the Member State in which the buyeoperator suspected to have engaged in a prohibited trading practice is established.
Amendment 550 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The affected operator may also request the enforcement authority of its Member State to address the complaint to the enforcement authority of the Member State where the operator suspected of carrying out a prohibited commercial practice is established.
Amendment 567 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Producer organisations or associations of producer organisations and professional agricultural organisations whose member(s) or member(s) of their members consider(s) that they are affected by a prohibited trading practice shall have the right to submit a complaint.
Amendment 573 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The enforcement authority shall ensure, if so requested by the complainant, the confidentiality of the identity of the complainant and any other information, in respect of which the complainant considers disclosure harmful to his interests. The complainant shall identify such information in a possible request for confidentiality. Throughout the procedure, the authorities shall guarantee the anonymity of all the parties concerned, as well as the confidentiality of the process and of any sensitive information, while protecting the procedural rights of the defendant.
Amendment 651 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States may provide for rules designed to combat unfair trading practices going beyond those set out in Articles 1, 3, 5, 6 and 7, provided that such national rules are compatible with the rules on the functioning of the internal market.