17 Amendments of Maria GRAPINI related to 2015/2065(INI)
Amendment 41 #
Motion for a resolution
Recital G
Recital G
G. whereas UTPs are an obstacle to the development and functioning of the internal market, act as a brake on the competitive environment, which directly affects the interests of consumers, and seriously disrupt market mechanisms;
Amendment 246 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes strongly that a single, 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, and supports the uniform application of legislation in the field of unfair competition in all the EU Member States;
Amendment 296 #
Motion for a resolution
Recital G
Recital G
G. whereas UTPs are an obstacle to the development and functioning of the internal market, act as a brake on the competitive environment, which directly affects the interests of consumers, and seriously disrupt market mechanisms;
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 329 #
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 promote fair trading practices and seek to put an end to UTPs, with the aim being to nurture trust throughout the food supply chain, from producer to consumer, to the benefit of all;
Amendment 343 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Confirms the existence of UTPs in the food supply chain and acknowledges that they are contrary to the basic principles of law and especially affect SMEs;
Amendment 345 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Endorses the Commission’s view that UTPs arise as a result of a lack of balance in commercial relationships and a worrying increase in the bargaining power of larger entities, which gives them a dominant position on the market that allows them to impose unfavourable contractual terms on weaker trading partners and to make use of unfair practices that grossly deviate from good commercial conduct and are contrary to the principles of good faith and fair dealing; condemns practices that exploit imbalances in bargaining power between economic operators and have an adverse effect on freedom to contract, with the damaging effects of UTPs impacting not just on weaker parties in contracts, but also on consumers and national economic interests;
Amendment 347 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the Supply Chain Initiative and other national and EU voluntary systems (codes of good practice, voluntary dispute settlement mechanisms) should be further developed and promoted; encourages producers and traders to become involved in such initiatives; takes the view that they should play a leading role in efforts to combat UTPs and in the development of SMEs;
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";
Amendment 357 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that food supply chain monitoring and control systems must be tailored to guaranteeing food security and to combating any adverse impact on public health by preventing incidents liable to affect food security which may have severe repercussions for the integrity of the entire food supply chain;
Amendment 361 #
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 366 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission to submit specific proposals for EU legislation banning UTPs in the food supply chain that will enable markets to operate as they should and fair and transparent relations to be maintained between all food producers, suppliers and distributors regardless of their size;
Amendment 383 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes strongly that a single, 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, and advocates uniform application of legislation in the field of unfair competition in all the EU Member States;
Amendment 386 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Advocates the establishing of control methods which, when uniformly applied in the EU, will help to detect and combat UTPs, enforce the applicable legislation and strengthen national control bodies and cooperation between them;