Activities of Virginie ROZIÈRE related to 2015/2065(INI)
Plenary speeches (1)
Unfair trading practices in the food supply chain (A8-0173/2016 - Edward Czesak) FR
Amendments (22)
Amendment 4 #
Motion for a resolution
Recital A
Recital A
A. whereas unfair trading practices (UTPs) are a problem attested to by all entities in the food supply chain and by many national competition authorities; whereas the Commission and, Parliament and the European Economic and Social Committee have repeatedly drawn attention to the problem of UTPs;
Amendment 14 #
Motion for a resolution
Recital D
Recital D
D. whereas significant structural changes have taken place in the business-to- business (B2B) food supply chain in recent years, involving excessive concentration and vertical integration of entities operating in the production, processing and retail sectors, leading to the formation of veritable oligopolies;
Amendment 24 #
Motion for a resolution
Recital E
Recital E
E. whereas UTPs occur where there is a lack of economic balance in trading relations between partners in the food supply chain, resulting from bargaining power disparities in business relations and constituting a serious disturbance to market balancethe proper functioning of the market;
Amendment 30 #
Motion for a resolution
Recital F
Recital F
F. whereas unfair practices may have harmful consequences for the food supply chain, which in turn may have a detrimental impact on the entire EU economy, on consumers and on the economic interests of states; whereas UTPs may discourage cross- border trade in the EU and hinder the proper functioning of the internal market; whereas unfair practices can result in particular in enterprises cutting back on investment and innovation, particularly in the field of the environment, working conditions or animal welfare, owing to a reduction in income and a lack of certainty, and may lead them to abandon production, processing or trading activities;
Amendment 39 #
Motion for a resolution
Recital G
Recital G
G. whereas UTPs are an obstacle to the development and functioning of the internal market and seriously disrupt market mechanismsthe proper functioning of the market;
Amendment 46 #
Motion for a resolution
Recital H
Recital H
H. whereas SMEs and microenterprises are particularly vulnerable to UTPs and are more affected than large enterprises by their impact of UTPs, which make it harder for them to survive on the market, undertake new investments and innovate, particularly in the field of the environment, working conditions and animal welfare, and make it more difficult for SMEs to expand their activities, including across borders within the single market;
Amendment 56 #
Motion for a resolution
Recital J
Recital J
J. whereas UTPs are covered only in part by competition law, which is becoming obsolete and the provisions of which relate to only a few UTPs in the B2B food supply chain;
Amendment 84 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Regrets, however, that the solutions proposed by the High Level Forum for a Better Functioning of the Food Supply Chain are insufficient to resolve the recurring and unacceptable problem of UTPs;
Amendment 92 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the principles of good practice and the list of examples of fair and unfair practices in vertical relations in the food supply chain; stresses that such lists are an essential precondition for the implementation of binding legislation; shares the view that these standards now need to be enforced;
Amendment 96 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the setting up of national platforms of organisations and businesses in the food supply chain to encourage dialogue between the parties, promote fair trading practices and seek to put an end to UTPs;
Amendment 113 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. ConfirmAcknowledges the existence of UTPs in the food supply chain and acknowledges that they are contrary to the basic principles of law;
Amendment 132 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that UTPs imposed by parties in a stronger bargaining position clearly have a negative impact; stresses that UTPs canhave serious consequences, notably by hampering investment and product innovation, particularly in the field of the environment, working conditions and animal welfare;
Amendment 195 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reaffirms that freeair and fair competitionbalanced relations among all actors, freedom to contract and proper enforcement of the relevant legislation are of key importance in ensuring the proper functioning of the food supply chain;
Amendment 199 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that taking advantage of a stronger bargaining position to impose UTPs is a violation of the principle of freedom to contract, as the stronger party has more say in the shape that the business relationship is to take and can unilaterally impose terms that disproportionately serve its own financial interests, and the weaker party has no option other than to agree to those terms; believes that steps need to be taken to build mutual trust between supply chain partners, on the basis of the principles of freedom to contract, equivalence of benefits and freedom to take advantage of those benefits and transparency in sharing profits from the food supply chain;
Amendment 230 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Suggests that work should begin on EU rules on the establishment or recognition of national public agencies with responsibility for enforcing laws to combat unfair practices in the food supply chain; takes the view that public agencies of this kind should be empowered to conduct investigations on their own initiative and on the basis of informal information andor complaints dealt with on a confidential basis (thus overcoming the fear factor), as well as to impose penalties;
Amendment 240 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. These sanctions should be dissuasive and proportionate to the financial and commercial damage done to actors in the food supply chain;
Amendment 241 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes strongly that a singleuniform, clear, precise and binding definition of UTPs should be drawn up, so as to allow effective rules to be laid down with a view to combating such practices; this definition should not confine itself to the terms of the contract but should cover all stages of the commercial relationship; at any event it should take account of the fear factor;
Amendment 310 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. WelcomAcknowledges the setting up of the Supply Chain Initiative, which has resulted in the adoption of a set of principles of good practice in B2B relations in the food supply chain and a voluntary framework for the implementation of those principles; believes that efforts to promote fair trading practices in the food supply chain can make a real impactn impact, but cannot be considered sufficient to tackle the problem of UTPs in the food supply chain; notes that the results emerged from the conclusions of the Commission's study on the SCI recently published "seem very modest if measured against the actual or perceived magnitude and seriousness of the issue of UTPs in the food supply chain, and even more so if measured against the expectations of the stakeholders which are most seriously impacted by UTPs, and of policy makers";
Amendment 314 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that the complaints issued in the framework of the voluntary codes, specifically within the SCI, are very limited, as it has been spotted by the Commission's study on the SCI; notes also that the Commission's study does not precisely indicate the number of disputes solved in the last years, rendering thus impossible to assess the effectiveness of the SCI in tackling the problem of UTPs in the food supply chain;
Amendment 319 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Emphasizes that, as it has been reported by the Commission's study, the SCI, at the moment, does not have robust enforcement mechanisms nor effective deterrent instruments and penalties, such as monetary and/or economic sanctions, which will be able to address the problem of the UTPs in the food supply chain; therefore, asks the Commission to undertake concrete actions to establish effective enforcement mechanisms capable to act cross-borders, such as the establishment of an independent EU enforcement authority or a network of national authorities, mutually recognized at the EU level; these independent authorities shall be empowered to conduct investigations ex-oficio and/or on the basis of informal information and/or on the basis of complaints dealt with on a confidential basis, thus overcoming the so-called "fear factor";
Amendment 349 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Regrets that, despite the limits of voluntary codes and initiatives have been clearly highlighted by the conclusions of the Commission's study on the SCI, the Commission does not seem willing to proceed with the swift adoption of a specific EU legislative framework which could better protect consumers, ensure a level-playing field among the stakeholders of the food supply chain, limit the current fragmentation of the single market and effectively tackle the UTPs;
Amendment 350 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Underlines that the safeguard of confidentiality is an essential component of any dispute resolution process; stresses that the SCI does not provide for a mechanism ensuring confidential or anonymous complaints for potential victims of UTPs. Therefore, asks the Commission to establish a monitoring instrument to ensure and preserve the confidentiality between the parties involved in the dispute, thus reducing the so-called "fear factor";