77 Amendments of Maria HEUBUCH related to 2018/0082(COD)
Amendment 11 #
Proposal for a directive
Recital 3
Recital 3
(3) Different operators are active in the agricultural and food supply chain at the stages of production, processing, importing, exporting, marketing, distribution and retail of , retail and sale to final consumers of agri-food products. The chain is by far the most important channel for bringing agri-food products from “farm to fork”. Those operators trade agricultural and 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 13 #
Proposal for a directive
Recital 5
Recital 5
(5) The number and size of operators vary across the different stages of the agricultural and food supply chain. Differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices. Unfair trading practices are in particular harmful for small and medium-sized operators in the food supply chain, both inside and outside of the Union. Agricultural producers, who supply primary agricultural products, are largelyoften small and medium- sized actors in the agricultural and food supply chain.
Amendment 15 #
Proposal for a directive
Recital 7
Recital 7
(7) A minimum Union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and, to contribute to ensuring a fair standard of living for agricultural producers inside and outside the Union, to prevent unsafe and unsustainable practices, precarious working conditions, and to reduce food safety risks and food waste along the food supply chain. It should benefit all agricultural producers or any natural or legal person that supplies agricultural and 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 mwithout raising their administrative burden. 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 inside and outside the Union 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 17 #
Proposal for a directive
Recital 8
Recital 8
(8) STo ensure the EU meets its Treaty obligation of Policy Coherence for Development and its commitments under the Sustainable Development Goals, suppliers established outside the Union should be able to rely on the Union minimum standard when they sell agricultural and food products to buyers established in the Unionmarketing and placing those products on the EU market to avoid unintended distorting effects resulting from the protection of suppliers in the Union.
Amendment 22 #
Proposal for a directive
Recital 14
Recital 14
(14) Complaints by producer organisations or associations of such organisations, as well as by organisations working with producers or with a proven expertise on trading practices in food supply chains, including non- governmental and civil society organisations, 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 24 #
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 enterpriseo a buyer, including transactions between producer organisations or cooperatives and their members.
Amendment 26 #
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 trade, irrespective of their place of establishment, who buys agricultural or food products by way of trade to place them on the EU market. The term "buyer" may include a group of such natural and legal persons;
Amendment 27 #
Proposal for a directive
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) "unfair trading practices” means practices that - grossly deviate from good and fair commercial conduct, are contrary to good faith and fair dealing and are unilaterally imposed by buyer to supplier, or - impose or attempt to impose an unjustified and disproportionate transfer of a buyer’s economic risk to the supplier; or a significant imbalance of rights and obligations on the supplier in the commercial relationship before, during or after the contract;
Amendment 28 #
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) a “supply agreement” is a written agreement between a supplier and a buyer that clearly and transparently covers the relevant elements of the commercial agreement, including the names of the parties, their rights and obligations, price, duration, terms of delivery, terms of payment, as well as the cause, the execution of the contract and the effect of terminating the contract.
Amendment 29 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 30 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that the followingall unfair trading practices are prohibited, including at least the following trading practices:
Amendment 31 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) a buyer cancels orders of perishable food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products at the same value;
Amendment 33 #
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 food products, or the terms of payment;
Amendment 34 #
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 once the product has passed into the buyer's premisesownership and that is not caused by the negligence or fault of the supplier.
Amendment 35 #
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) a buyer sells an agri-food product below the cost at which it was purchased, to stimulate sales of other products (“loss leader”);
Amendment 37 #
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(db) a buyer claims, in an inconsistent manner, that products do not meet cosmetic specifications, in order to cancel or reduce the terms of the supply agreement;
Amendment 38 #
Proposal for a directive
Article 3 – paragraph 1 – point d c (new)
Article 3 – paragraph 1 – point d c (new)
(dc) a buyer uses overly strict ‘minimum life on receipt criteria’ in order to reject a previously agreed order, or to reject an order that, for reasons unrelated to the supplier, has not been processed quickly enough;
Amendment 39 #
Proposal for a directive
Article 3 – paragraph 1 – point d d (new)
Article 3 – paragraph 1 – point d d (new)
(dd) a buyer requires suppliers to bear the financial costs of inaccurate forecasting provided by the buyer in order for the supplier to plan their production to meet forecasted orders.
Amendment 43 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. A supplier established outside the EU shall address a complaint to the enforcement authority of any Member State. Upon receipt of the complaint, the enforcement authority shall forward it to the enforcement authority (if different) of the Member State in which the buyer suspected to have engaged in a prohibited trading practice is established.
Amendment 44 #
Proposal for a directive
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
1b. Where the buyer is established outside of the Union, the supplier shall address a complaint to the enforcement authority of the Member State in which it is established. For cases where the supplier is established outside of the Union, the supplier can address a complaint to any designated enforcement authority.
Amendment 45 #
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, as well as organisations working with producers or with a proven expertise on trading practices in food supply chains, including non-governmental organisations and civil society organisations, shall have the right to submit a complaint.
Amendment 50 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Amendment 56 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. By 15 March of each year, Member States shall send to the Commission a report on unfair trading practices in business-to-business relationships in the food supply chain. That report shall contain, in particular, all relevant data on the application and enforcement of the rules under this Directive in the Member State concerned in the previous year, with a particular attention to cross-border unfair trading practices and their direct and indirect impacts on suppliers, including suppliers based outside the Union. Member States shall also report on the impact of the implementation of the current Directive on reducing food waste, increasing food safety and promoting sustainable practices in the food supply chain.
Amendment 57 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. No soonlater than three years after the date of application of this Directive and every two years thereafter, 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 pay particular attention to the effectiveness of the Directive in protecting the most vulnerable actors against unfair trading practices throughout the food supply chain, both inside and outside the Union. It shall also evaluate the contribution of the Directive to reducing food waste, increasing food quality and promoting sustainable practices in the food supply chain. The report shall consider the need to review the Directive, in particular to include new forms of UTPs, and to make use of data on input costs and price transmission through the agricultural food supply chain, to establish criteria for determining fair prices within a supply agreement. On the basis of this report, the Commission may present appropriate legislative proposals.
Amendment 64 #
Proposal for a directive
Recital 3
Recital 3
(3) Different operators are active in the agricultural and food supply chain at the stages of production, processing, importing, exporting, marketing, distribution and retail of , retail and sale to final consumers of agri-food products. The chain is by far the most important channel for bringing agri-food products from “farm to fork”. Those operators trade agricultural and 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 72 #
Proposal for a directive
Recital 5
Recital 5
(5) The number and size of operators vary across the different stages of the agricultural and food supply chain. Differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices. Unfair trading practices are in particular harmful for small and medium-sized operators in the food supply chain, both inside and outside of the Union. Agricultural producers, who supply primary agricultural products, are largelyoften small and medium- sized actors in the agricultural and food supply chain.
Amendment 75 #
Proposal for a directive
Recital 4
Recital 4
(4) While business risk is inherent in all economic activity, agricultural production is particularly fraught with uncertainty due to its reliance on biological processes, since agricultural products are to a greater or lesser extent perishable and seasonable, and its exposure to weather conditions. In an agricultural policy environment that is distinctly more market- oriented than in the past, protection against unfair trading practices has become more important for operators active in the agricultural and food supply chain and in particular for agricultural producers and their organisations.
Amendment 79 #
Proposal for a directive
Recital 6
Recital 6
(6) A majority of all Member States, but not all of them, have specific national rules that protect suppliers against unfair trading practices occurring in business-to- business relationships in the agricultural and food supply chain. Where reliance on contract law or self-regulatory initiatives is possible, fear of retaliation against a complainant limits the practical value of these forms of redress. Certain Member States, which have specific rules on unfair trading practices in place, therefore entrust administrative authorities with their enforcement. However, Member States’ unfair trading practices rules - to the extent they exist - are characterised by significant divergence.
Amendment 85 #
Proposal for a directive
Recital 7
Recital 7
(7) A minimum Union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and, to contribute to ensuring a fair standard of living for agricultural producers inside and outside the Union, to prevent unsafe and unsustainable practices, precarious working conditions, and to reduce food safety risks and food waste along the food supply chain. It should benefit all agricultural producers or any natural or legal person that supplies agricultural and 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 m. 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 inside and outside the Union 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. _________________ 12OJ L 124, 20.5.2003, p. 36.
Amendment 91 #
Proposal for a directive
Recital 8
Recital 8
(8) STo ensure the EU meets its Treaty obligation of Policy Coherence for Development and its commitments under the Sustainable Development Goals, suppliers established outside the Union should be able to rely on the Union minimum standard when they sell agricultural and food products to buyers established in the Unionmarketing and placing those products on the EU market to avoid unintended distorting effects resulting from the protection of suppliers in the Union.
Amendment 106 #
Proposal for a directive
Recital 9
Recital 9
(9) The relevant rules should apply to business conduct by larger, that is to say non-small and medium-sized, operators in the agricultural and food supply chain as they are the ones who normally possess stronger relative bargaining power when trading with small and medium-sized suppliers.
Amendment 115 #
Proposal for a directive
Recital 10
Recital 10
(10) As a majority of Member States already have national rules on unfair trading practices, albeit diverging, it is appropriate to use the tool of a Directive to introduce a minimum protection standard under Union law. This should enable Member States to integrate the relevant rules into their national legal order in such a way as to bring about a cohesive regime. Member States should not be precluded from adopting and applying on their territory stricter national laws protecting small and medium-sized suppliers and buyers against unfair trading practices occurring in business-to-business relationships in the agricultural and food supply chain, subject to the limits of Union law applicable to the functioning of the internal market.
Amendment 121 #
Proposal for a directive
Recital 11
Recital 11
(11) As unfair trading practices may occur at any stage of the sale of an agricultural or food product, i.e. before, during or after a sales transaction, Member States should ensure that the provisions of this Directive should apply to such practices whenever they occur.
Amendment 124 #
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, and which do not result from the unfair exercise of bargaining power or from the exploitation of an economic dependence, from practices that occur after the transaction has started without being agreed in advance in clear and unambiguous terms, so that only unilateral and 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 145 #
Proposal for a directive
Recital 14
Recital 14
(14) Complaints by producer organisations or associations of such organisations, as well as by organisations working with producers or with a proven expertise on trading practices in food supply chains, including non- governmental and civil society organisations, 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 161 #
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 or by undertaking on-site inspections. 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 closelyrdinate their actions closely via the establishment of a Coordination Forum, 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 and taking enforcement measures for cases which have a cross-border dimension.
Amendment 166 #
Proposal for a directive
Recital 16
Recital 16
(16) To facilitate effectiveensure a proper enforcement, the Commission should help organise meetings betweenestablish a Coordination Forum with representatives of the enforcement authorities of the Member States where best practices can be exchanged and relevant information can be shared. The Commission should also establish and manage a website to facilitate those exchangesis coordination.
Amendment 175 #
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 agricultural and 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 181 #
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 in the agricultural and food supply chain and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities.
Amendment 207 #
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 enterpriseo a buyer, including transactions between producer organisations or cooperatives and their members.
Amendment 228 #
Proposal for a directive
Article 2 – paragraph 1 – point –a (new)
Article 2 – paragraph 1 – point –a (new)
(-a) "unfair trading practices” means practices that - grossly deviate from good and fair commercial conduct, are contrary to good faith and fair dealing and are unilaterally imposed by buyer to supplier, or - impose or attempt to impose an unjustified and disproportionate transfer of a buyer’s economic risk to the supplier; or a significant imbalance of rights and obligations on the supplier in the commercial relationship before, during or after the contract;
Amendment 234 #
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 trade, irrespective of their place of establishment, who buys agricultural or food products by way of trade to place them on the EU market. The term "buyer" may include a group of such natural and legal persons;
Amendment 247 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) “supplier” means any agricultural producer or any natural or legal person, irrespective of their place of establishment, who sells agricultural or food products. The term “supplier” may include a group of such agricultural producers or such natural and legal persons, including producer organisations and associations of producer organisations;
Amendment 263 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 273 #
Proposal for a directive
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) “agricultural and food products” means products listed in Annex I to the Treaty intended for use as food as well as products not listed in that Annex, but processed from those products for use as food;
Amendment 287 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) “perishable food products” means fresh agricultural and food products that will become unfit for human consumption or proper use, in particular as a result of the product's microbiological instability, unless they are stored, treated, packaged or otherwise conserved to prevent them from becoming unfit.
Amendment 301 #
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(b a) a “supply agreement” is a written agreement between a supplier and a buyer that clearly and transparently covers the relevant elements of the commercial agreement, including the names of the parties, their rights and obligations, price, duration, terms of delivery, terms of payment, as well as the cause, the execution of the contract and the effect of terminating the contract.
Amendment 305 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that the followingall unfair trading practices are prohibited, including at least the following trading practices:
Amendment 312 #
Proposal for a directive
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(a a) A buyer pays a supplier for non- perishable food products more than 60 calendar days after the receipt of the supplier's invoice or more than 60 calendar days after the date of the delivery of the non-perishable food products, if this date is later.This prohibition shall be without prejudice: - to the consequences of late payments and remedies as laid down in Directive 2011/7/EU, - to the option of a buyer and a supplier to agree on a value sharing clause within the meaning of Article 172a of Regulation (EU) No 1308/2013 of the European Parliament and of the Council.
Amendment 340 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) a buyer unilaterally cancels orders of perishable food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products at the same value;
Amendment 346 #
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 agri-food products, or the terms of payments;
Amendment 364 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) a supplier pays for the wastage of agri-food products that occurs once the product has passed into the buyer's premisesownership and that is not caused by the negligence or fault of the supplier.
Amendment 376 #
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(db) a buyer sells an agri-food product below the cost at which it was purchased, to stimulate sales of other products (“loss leader”);
Amendment 382 #
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) a buyer of agricultural products or food products fails to provide the supplier with the supply agreement in written form, including sufficiently detailed and unambiguous information on the contractual terms and conditions of the purchase of agri-food products and the general conditions of sale;
Amendment 417 #
Proposal for a directive
Article 3 – paragraph 1 – point d c (new)
Article 3 – paragraph 1 – point d c (new)
(dc) a buyer claims, in an inconsistent manner, that products do not meet cosmetic specifications, in order to cancel or reduce the terms of the supply agreement;
Amendment 422 #
Proposal for a directive
Article 3 – paragraph 1 – point d d (new)
Article 3 – paragraph 1 – point d d (new)
(dd) a buyer uses overly strict ‘minimum life on receipt criteria’ in order to reject a previously agreed order, or to reject an order that, for reasons unrelated to the supplier, has not been processed quickly enough.
Amendment 429 #
Proposal for a directive
Article 3 – paragraph 1 – point d e (new)
Article 3 – paragraph 1 – point d e (new)
(de) a buyer requires suppliers to bear the financial costs of inaccurate forecasting provided by the buyer in order for the supplier to plan their production to meet forecasted orders.
Amendment 474 #
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) a buyer returns unsold agricultural or food products to a supplier;
Amendment 481 #
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) a buyer charges a supplier payment as a condition for the stocking, displaying or listing agricultural or food products of the supplier;
Amendment 485 #
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) a supplier pays for the promotion of agricultural or food products sold by the buyer. Prior to a promotion and if that promotion is initiated by the buyer, the buyer shall specify the period of the promotion and the expected quantity of the agricultural or food products to be ordered;
Amendment 494 #
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) a supplier pays for the marketing of agricultural and food products by the buyer.
Amendment 528 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Each Member State shall designate a public authority to enforce the prohibitions laid down in Article 3 at national level ("enforcement authority"), and inform the Commission of the designation.
Amendment 530 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Member States shall ensure that the designated enforcement authority has the necessary resources, including sufficient budget and expertise, to fulfil their obligations.
Amendment 539 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A supplier shall address a complaint to the enforcement authority of the Member State in which the buyer suspected to have engaged in a prohibited trading practice is established. , or to the enforcement authority of the Member State in which the supplier is established. In the latter case, the enforcement authority shall forward the complaint to the enforcement authority of the Member State where the buyer suspected to have engaged in a prohibited trading practice is established.
Amendment 555 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. A supplier established outside the EU shall address a complaint to the enforcement authority of any Member State. Upon receipt of the complaint, the enforcement authority shall forward it to the enforcement authority (if different) of the Member State in which the buyer suspected to have engaged in a prohibited trading practice is established
Amendment 556 #
Proposal for a directive
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
1b. Where the buyer is established outside of the Union, the supplier shall address a complaint to the enforcement authority of the Member State in which it is established. For cases where the supplier is established outside of the Union, the supplier can address a complaint to any designated enforcement authority.
Amendment 561 #
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, as well as organisations working with producers or with a proven expertise on trading practices in food supply chains, including non-governmental organisations and civil society organisations, shall have the right to submit a complaint.
Amendment 578 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Within one month of receiving the complaint, the enforcement authority shall inform the complainant of its decision on whether to act on a complaint. Where the enforcement authority considers that there are insufficient grounds for acting on a complaint, it shall inform the complainant about the reasons.
Amendment 584 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Where the enforcement authority extends the investigation for an additional six months, as per Article 6 (1) a, it shall inform the complainant of this extension and its reasons for it.
Amendment 589 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) to initiate and conduct investigations on its own initiative or based on a complaint, within a period of maximum six months, with an extension of an additional six months in complex and duly justified cases;
Amendment 598 #
Proposal for a directive
Article 6 – paragraph 1 – point b b (new)
Article 6 – paragraph 1 – point b b (new)
(bb) to undertake, upon request of a supplier, mediation or dispute resolution functions, and to ensure the proceedings are held privately where the supplier so requests;
Amendment 599 #
Proposal for a directive
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) to perform unannounced on-site inspections within the framework of its investigations;
Amendment 627 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a Delegated Acts The Commission shall be empowered to adopt delegated acts setting out criteria and a common methodology for use by enforcement authorities when determining the amount of pecuniary fines, having regard to at least the following elements: the turnover of the infringer, the benefits accrued by the infringer from the unfair trading practice, the number and status of the victims of the infringement, the repeated use of unfair trading practices by a buyer.
Amendment 631 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The following mechanisms for cooperation between enforcement authorities shall be established: (a) at the request of an applicant enforcement authority, the requested authority shall, without delay, provide to the applicant authority any relevant information to establish whether an UTP has occurred or is occurring. The requested authority shall undertake the appropriate and necessary investigations to fulfil this request; (b) at the request of an applicant enforcement authority, the requested authority shall take all necessary and proportionate enforcement measures to terminate the prohibited trading practice within a maximum period of six months. The requested authority shall regularly inform the applicant authority of the measures it undertakes or foresees.
Amendment 634 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The enforcement authorities shall meet at least once per year to discuss the application of this Directive owithin the basis of the annual reports referred to in Article 9(1) and best practices in the area it covers. The Commission shall facilitate those meetingsframework of a Coordination Forum under the supervision of the Commission.
Amendment 643 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Coordination Forum 1. The Commission shall establish, chair and manage a Coordination Forum composed of representatives appointed by each enforcement authority. 2. The Coordination Forum shall meet at least once a year and enable enforcement authorities: - to monitor and discuss the application of this Directive based on the annual reports referred to in Article 9(1); - to exchange best practices, especially as concerns cases with a cross-border dimension; - to consider and analyse new forms of UTPs; - to cooperate in setting and imposing penalties, including pecuniary fines, in cases involving operators from more than one Member State.
Amendment 663 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. No soonlater than three years after the date of application of this Directive and every two years thereafter, 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 pay particular attention to the effectiveness of the Directive in protecting the most vulnerable actors against unfair trading practices throughout the food supply chain, both inside and outside the Union. It shall also evaluate the contribution of the Directive to reducing food waste, increasing food quality and promoting sustainable practices in the food supply chain. The report shall consider the need to review the Directive, in particular to include new forms of UTPs, and to make use of data on input costs and price transmission through the agricultural food supply chain, to establish criteria for determining fair prices within a supply agreement. On the basis of this report, the Commission may present appropriate legislative proposals.