15 Amendments of Rosa D'AMATO related to 2018/0082(COD)
Amendment 120 #
Proposal for a directive
Recital 11
Recital 11
(11) As unfair trading practices may occur at any stage of the sale of a food product, i.e. before, during or after a sales transaction, or in connection with the provision of services by the buyer to the supplier, Member States should ensure that the provisions of this Directive should apply to such practices whenever they occur.
Amendment 144 #
Proposal for a directive
Recital 14
Recital 14
(14) Complaints by producer organisations or associations of such organisations or organizations with knowledge of trading practices in the supply chain can serve to protect the identity of individual members of the organisation who are small and medium- sized suppliers and consider themselves exposed to unfair trading practices. Enforcement authorities of the Member States should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant.
Amendment 179 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes a minimum list of prohibited unfair trading practices between buyers and suppliers, such as producers, producer organisations, cooperatives and associations of producer organisations, in the food supply chain and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities.
Amendment 202 #
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, or to services related to those products, by a supplier to a buyer that is not a small and medium-sized enterprise.
Amendment 227 #
Proposal for a directive
Article 2 – paragraph 1 – point –a (new)
Article 2 – paragraph 1 – point –a (new)
(-a) "unfair trading practice" means any commercial practice that is contrary to good faith and good commercial conduct, unilaterally imposed by one trading partner to another;
Amendment 233 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) “buyer” means any natural or legal person established in the Union who buys food products by way of tradeirrespective of their place of establishment, who buys food products by way of trade in order to process or distribute them in the European Union. The term "buyer" may include a group of such natural and legal persons;.
Amendment 365 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) a supplier pays for the wastage of food products that occurs after the product has passed inton the buyer's premisesownership and that is not caused by the negligence or fault of the supplier.
Amendment 386 #
Proposal for a directive
Article 3 – paragraph 1 – point d c (new)
Article 3 – paragraph 1 – point d c (new)
(dc) the buyer fails to inform the seller about his intention to adopt promotional or commercial activities which might be detrimental to the reputation of products bearing a geographical indication under Regulation (EU) 1151/201, Regulation (EU) 110/2008 or Regulation (EU) 251/2014.
Amendment 387 #
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(db) the buyer does not inform the supplier of his intention to give a differentiated treatment to his products in relation to other competing brands owned or managed by the buyer itself, in terms of listing, store-space and commercial margins;
Amendment 395 #
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) the buyer discloses to a third party the content of the supply contract or trade secrets which have been shared with them by the supplier;
Amendment 465 #
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 are prohibited, if they are not agreed in clear and unambiguous terms at the conclusion of the supply agreement or the ensuing payments are not strictly related to relevant costs incurred by the buyer :
Amendment 501 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. In addition to those specified in paragraphs 1 and 2, Member States shall ensure that all practices which: 1) impose or attempt to impose an unjustified or disproportionate transfer of buyer's economic risks to the supplier;or 2) impose or attempt to impose to the supplier a significant unbalance of rights and obligations before or during the contract; are prohibited.
Amendment 562 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Any other organization with knowledge of unfair trading practices in supply chains shall have the right to submit a complaint, provided there is no conflict of interest.
Amendment 576 #
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. The authority shall also guarantee the confidentiality of the process and of the investigation themselves.
Amendment 668 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. No sooner than three years after the date of application of this Directive, the Commission shall carry out an evaluation of this Directive and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee and the Committee of the Regions. The report shall evaluate the effectiveness in protecting the most vulnerable actors in the food supply chain against unfair trading practices. The report shall also evaluate the contribution of the Directive in increasing food safety, promoting sustainable practices in the food supply chain and reducing food waste.