24 Amendments of Ulrike MÜLLER related to 2018/0082(COD)
Amendment 102 #
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 food supply chain as they are the ones who normally possess stronger relative bargaining power when trading with small and medium-sized suppliers.
Amendment 130 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) A supplier should be able to require that their trading arrangement with the buyer in agricultural and food chain such as delivery of products be subject to a written contract with all the relevant aspects of the trading arrangement including elements according to Articles 148(1a) and 168(1a) of Regulation No (EU) 1308/2013.
Amendment 138 #
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure an effective enforcement of the prohibitions laid down in this Directive, Member States should designate an authority that is entrusted with their enforcement. The authority should be able to act either on its own initiative or by way of complaints by parties affected by unfair trading practices in the agriculture and food supply chain. Where a complainant requests that his identity remain confidential because of fear of retaliation, the enforcement authorities of the Member States should honour such a request in accordance with national law.
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 163 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15 a) The exercise of the powers conferred by this Directive on enforcement authorities should be subject to appropriate safeguards which meet the standards of general principles of Union law and the Charter of Fundamental Rights of the European Union, in accordance with the case law of the Court of Justice of the European Union;
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 505 #
Proposal for a directive
Article 3 – paragraph 2 – point d – indent 1 (new)
Article 3 – paragraph 2 – point d – indent 1 (new)
- Where a complaint relating to a practice referred in paragraph 2 is submitted to an enforcement authority, the burden of proof that the supply or trading arrangement covers the trading practise at issue in clear and unambiguous terms shall be on the buyer.
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 523 #
Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 (new)
Article 3 – paragraph 4 – subparagraph 1 (new)
A supplier may require that their trading arrangement shall be subject to a written contract including all relevant aspects of the trading arrangement.
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 601 #
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) to take a decision, within the framework of applicable national law, establishing an infringement of the prohibitions laid down in Article 3 and require the buyer to terminate the prohibited trading practice. The authority may abstain from taking any such decision, if such decision would risk revealing the identity of a complainant or disclosing any other information in respect of which the complainant considers disclosure harmful to his interests, provided that the complainant has identified that information in accordance with Article 5(3);
Amendment 606 #
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) to impose a pecuniary fine or other sanctions on the author of the infringement. The fine in accordance with the national law. The fine and the other sanctions shall be effective, proportionate to the harm caused and dissuasive taking into account the nature, duration and gravity and possible repetition of the infringement;
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 625 #
Proposal for a directive
Article 6 – paragraph 1 – point f b (new)
Article 6 – paragraph 1 – point f b (new)
(fb) The Member States may decide that the fines or other sanction are initiated by the enforcement authority and imposed by competent national courts, while ensuring that those fines are effective and have an equivalent effect to administrative fines imposed by enforcement authorities. In any event, other sanctions imposed shall be effective, proportionate and dissuasive taking into account the nature, duration, gravity and possible repetition of the infringement.
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.