15 Amendments of Jean ARTHUIS related to 2018/0082(COD)
Amendment 142 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) In order to ensure an effective enforcement of the prohibition of unfair trading practices, the designated enforcement authorities should dispose of all necessary resources, staff and expertise.
Amendment 162 #
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 havensure the power to order thefair and proper functioning of agricultural and good supply chain and promptly termination ofe a prohibited practice, where applicable. The existence of a deterrent, such as the power to impose fines or other sanctions 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. Repeated infringements should be taken into account when determining the sanctions to be applied. 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 all relevant information and assisting in investigations which have a cross-border dimension.
Amendment 210 #
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 agricultural and food products by a supplier that is a small and medium-sized enterprise to a buyer that is not a small and medium-sized enterprise, as well as to the sales of agricultural and food products by a supplier that is a small-sized enterprise to a buyer that is at least a medium-sized enterprise.
Amendment 308 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that the following trading practices arconstitute prohibited trading arrangements:
Amendment 349 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) a buyer unilaterally and 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 agricultural and food products;
Amendment 468 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. Member States shall ensure that the following trading practices arconstitue prohibited trading arrangements, if they are not agreed in clear and unambiguous terms at the conclusion of the supply agreement:
Amendment 512 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall ensure that the prohibitions laid down in paragraphs 1 and 2 constitute overriding mandatory provisions of trading arrangements which are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the supply agreement between the parties.
Amendment 529 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The designated authorities shall have the necessary resources to ensure an effective enforcement of the prohibitions of unfair trading practices, in terms of qualified staff able to conduct proficient legal and economic assessments, financial means, technical and technological expertise and equipment including adequate information technology tools.
Amendment 548 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. A supplier may submit a complaint to the enforcement authority of the Member State in which the supplier is established. The enforcement authority of that Member State shall forward the complaint to the enforcement authority of the Member State in which the buyer suspected to have engaged in a prohibited trading practice is established. The enforcement authorities shall facilitate the dialogue and play an active role in the dispute resolution.
Amendment 568 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Producer organisations or associations of producer 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 and to be properly involved in the procedures.
Amendment 594 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) to proactively initiate and conduct investigations on its own initiative or based on a complaint;
Amendment 622 #
Proposal for a directive
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) Member states shall ensure that the exercise of those powers is subject to appropriate safeguards in respect of rights of defence, in accordance with the general principles of Union law and the Charter of Fundamental Rights of the European Union, including where the complainant requests confidential treatment of information pursuant to Article 5(3).
Amendment 648 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
To ensure a higher level of protection, Member States may provide for rules designed to combat unfair trading practices going beyond those set out in Articles 3, 5, 6 and 7, which are stricter than those set out in this Directive, provided that such national rules are compatible with the rules on the functioning of the internal market.
Amendment 655 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Proceedings in relation to Article 6 (c-e) shall respect the administrative and legal proceedings and principles in the specific Member State.
Amendment 656 #
Proposal for a directive
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
This Directive shall be without prejudice to national rules aimed at combating unfair trading practices that are not within the scope of this Directive, provided that such rules are compatible with the rules on the functioning of the internal market.