23 Amendments of Norbert ERDŐS related to 2018/0082(COD)
Amendment 62 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on unfair tradingdistribution practices in business- to- business relationships in the food supply chain
Amendment 65 #
Proposal for a directive
Recital 3
Recital 3
(3) Different operators are active in the food supply chain at the stages of production, processing, marketing, distribution and retailomestic and overseas trade distribution, trade and sale to final consumers of food products. The chain is by far the most important channel for bringing food products from “'farm to fork”'. Those operators trade food products, that is to say primary agricultural products, including fishery and aquaculture products, as listed in Annex I to the Treaty for use as food, and other food products not listed in that Annex but processed from agricultural products for use as food.
Amendment 74 #
Proposal for a directive
Recital 4
Recital 4
Amendment 86 #
Proposal for a directive
Recital 7
Recital 7
(7) A minimum Union standard of protection against certain manifestly unfair trading practices should be introduced throughout the food supply chain and including all the operators involved in order to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers. It should benefit all agricultural producers or any natural or legal person that supplies food products, including producer organisations and associations of producer organisations, provided that all those persons meet the definition of micro, small and medium- sized enterprises set out in the Annex to Commission Recommendation 2003/361/EC12. Those micro, small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability. As the financial pressure on small and medium- sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers, rules on unfair trading practices should also protect small and medium- sized intermediary suppliers at the stages downstream of primary production. Protection of intermediary suppliers should also avoid unintended consequences (notably in terms of unduly raising prices) of trade diversion away from agricultural producers and their associations, who produce processed products, to non- protected suppliers. _________________ 12 OJ L 124, 20.5.2003, p. 36.
Amendment 128 #
Proposal for a directive
Recital 12
Recital 12
(12) When deciding whether an individual trading practice is considered unfair it is important to reduce the risk of limiting the use of fair and efficiency- creating agreements agreed between parties. As a result, it is appropriate to distinguish practices that are foreseen in clear and unambiguous terms in supply agreements between parties from practices that occur after the transaction has started without being agreed in advance in clear and unambiguous terms, so that only unilateral and, possibly retrospective changes to those relevant terms of the supply agreement are prohibited. However, certain trading practices are considered as unfair by their very nature and should not be subject to the parties’ contractual freedom to deviate from them.
Amendment 134 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) The practice of being able to amend contracts must be established. If it can be substantiated that a contracting party is in a critical situation for external market reasons, deviation from the terms of the contract is permissible by mutual agreement. The parameters and conditions governing any deviation from the terms of the contract must be recorded in the contract. However, because of sudden, unforeseeable changes in the market, the procedure for dealing with instances of vis major also needs to be determined.
Amendment 135 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12 b) The Member States must draw up common model contracts. These would help market operators to determine the requisite contractual frameworks.
Amendment 155 #
Proposal for a directive
Recital 15
Recital 15
(15) The enforcement authorities of the Member States should have the necessary powers that enable them to effectively gather any factual information by way of information requests. They should have the power to order the termination of a prohibited practice, where applicable. The existence of a deterrent, such as the power to impose fines and the publication of investigation results, can encourage behavioural change and pre-litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities. The Commission and the enforcement authorities of the Member States should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this Directive. In particular, the enforcement authorities should provide each other mutual assistance, for example by sharing information and assisting in investigations which have a cross-border dimension. There is a need for joint EU- level recording and regular publication on a public website of market operators which employ unfair trading practices, as well as of investigation results.
Amendment 164 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15 a) There is also a need to establish an EU-level authority or broaden the scope of an existing authority to conduct dispute-settlement proceedings which cannot be dealt with at Member-State level.
Amendment 172 #
Proposal for a directive
Recital 19
Recital 19
(19) In the interest of an effective implementation of the policy in respect of unfair trading practices in business-to- business relationships in the food supply chain, the Commission should review the application of this Directive and submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The review should also pay particular attention to whether protection of small and medium-sized buyers of food products in the supply chain – in addition to the protection of small and medium sized suppliers – in the future would be justified,
Amendment 178 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19) whereas the terms 'buyers' and 'suppliers' should not be used, since the Directive applies to all operators in the food supply chain and infringements can take place in both directions; the use of the terms 'injured party' and 'infringing party' is suggested instead;
Amendment 185 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 218 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 260 #
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(b a) 'economic dependence' means a power relationship between a supplier and a buyer in which the parties have unequal strength of bargaining power, resulting in dependence on the stronger party;
Amendment 292 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) “'perishable food products”' means food products that will become unfit for human consumption unless they are stored, treated, packaged or otherwise conserved to prevent them from becoming unfit. Account must be taken of the 'use by' date, as set out in Article 24 of Regulation (EU) No 1169/2011 and Article 14 of Regulation (EC) No 178/2002.
Amendment 350 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) a buyer unilaterally and in certain cases retroactively changes the terms of the supply agreement concerning the frequency, timing or volume of the supply or delivery, the quality standards or the prices of the food products;
Amendment 356 #
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) any behaviour on the part of a supplier or a buyer which contravenes the principle of a ban on selling or procuring below cost price;
Amendment 490 #
Proposal for a directive
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) deceives the business parties in the economic competition.
Amendment 509 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. the Member States adopt, in any cases which arise, the definitions of 'buyer', 'complainant', 'injured party', 'supplier' and 'infringing party' on the basis of terms set out in their civil codes or in other relevant legislation.
Amendment 521 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a The Member States should draw up model contracts, which would help market operators to determine the requisite contractual frameworks. If it can be substantiated that a contracting party is in a critical situation for external market reasons, deviation from the terms of the contract shall be permissible by mutual written agreement. The parameters and conditions governing any deviation from the terms of the contract must be recorded in the contract. Because of sudden, unforeseeable changes in the market, the parties must also determine the procedure for dealing with instances of vis major in the contract.
Amendment 533 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a The legislation of that country in which the harmful act was committed, i.e. the country where the injured party has its registered office, shall apply to a market player who has engaged in unfair trading practices.
Amendment 535 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 613 #
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) to impose a pecuniary fine on the author of the infringement. The fine shall be effective, proportionate and dissuasive taking into account the nature, duration and gravity of the infringement;. The Member States should create a risk-analysis model to assess the extent of the damage caused and determine the extent of the penalty to be imposed. Repeated unfair market practices shall be considered as an aggravating factor in determining the penalty.