26 Amendments of Dawid Bohdan JACKIEWICZ related to 2015/2065(INI)
Amendment 1 #
Motion for a resolution
Recital C
Recital C
C. whereas the food trade has an increasingly significant cross-border dimension and is of particulamajor importance for the functioning of the internal market; whereas cross-border trade between the EU Member States accounts for 20% of the EU’s total food and drink production; whereas 70% of all Member States’ food exports are to other Member States;
Amendment 2 #
Motion for a resolution
Recital D
Recital D
D. whereas significant structural changes have taken place in the business-to- business (B2B) food supply chain in recent years, involving concentration and vertical integration of entities operating in the production, processing and retail sectora very high level of concentration and horizontal, cross border and vertical integration of entities operating in the production sector, and especially in the processing and retail sectors, leading to the formation of full- blown oligopolies;
Amendment 3 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas supermarkets are developing their own brands and squeezing independent brands, and whereas there is therefore a conflict of interests in that, because of vertical integration, traders are competing directly with their own suppliers; whereas, where supermarkets have their own brands, agricultural producers are vulnerable in price negotiations with them and there is a lack of outlets for products in a number of countries;
Amendment 4 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Points out that own brands represent a strategic issue in the medium and long term; calls on the Commission to look in detail at the growing penetration of the agri-food chain by so-called ‘own brands’, which is liable to hamper both the competitiveness of the agri-food industry and fair competition and adversely affect innovation and product quality, as well as consumer choices when making purchases, if the market penetration of own brands exceeds a certain risk threshold, which ought to be set for each category of product; points out that some competition authorities have found that own brands introduce a horizontal dimension to competition in respect of industrial brands which had never previously been a factor; believes it necessary, therefore, to introduce specific measures to guarantee effective competition in this sector based on a balanced relationship between distributors and producers, which will also ensure that consumers receive correct information; notes that while own brand-labelled products can bring increased value and choice to consumers, they give an unfair and anti-competitive position to retailers, who become both customer and competitor;
Amendment 5 #
Motion for a resolution
Recital F
Recital F
F. whereas unfair practices may have harmful consequences for the individual entities in the food supply chain, which in turn may havehas a detrimental impact on the entire EU economy, on the economic interests of states and on consumers, by limiting their choice of products and their access to new and innovative products; whereas UTPs may discourage cross-border trade in the EU and hinder the proper functioning of the internal market; whereas unfair practices can result in particular in individual enterprises cutting back on investment and innovation, particularly in the areas of environmental protection, working conditions and animal welfare, owing to a reduction in income and a lack of certainty, and may lead them to abandon production, processing or trading activities;
Amendment 6 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas UTPs can result in excessive costs or lower-than-expected revenues for businesses with weaker bargaining power, as well as overproduction and food waste;
Amendment 7 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas there is a practice known as ‘forum shopping’, whereby, taking advantage of disparities between the Member States’ laws on UTPs in the food supply chain, the stronger contractual party unilaterally decides in which Member State – i.e. under which regulatory framework – the contract will apply in order to avoid stricter measures against UTPs; points out that a fragmented market leads to regulatory uncertainty for those involved and thus creates an imbalance in surplus distribution along the value chain in the various countries concerned;
Amendment 8 #
Motion for a resolution
Recital K
Recital K
K. whereas the ‘fear factor’ caoften comes into play in commercial relationships, with the weaker party being unwilling to lodge a complaint about UTPs imposed by the stronger party, out of concern that this would put an end to their commercial relationship;
Amendment 9 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the steps taken to date by the Commission to combat UTPs with a view to securing a more balanced market but believes that they do not go far enough;
Amendment 9 #
Motion for a resolution
Recital B
Recital B
B. having regard to the size and strategic importance of the food supply chain for the European Union; whereas the sector employs over 47 million people in the EU and accounts for around 7% of gross value added at EU level, and whereas the total value of the EU market for products connected with the retail food trade is estimated at EUR 1.05 billion; whereas the retail services sector accounts for 4.3% of the EU’s GDP and 17% of the EU’s SMEs2a; __________________ 2a Eurostat, 2010.
Amendment 10 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. WelcomNotes the setting up of the Supply Chain Initiative, which has resulted in the adoption of a set of principles of good practice in B2Bfor vertical relationships 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 impactshould make an impact, although the serious shortcomings of the initiative highlighted by groups representing farmers which have chosen not to participate (such as the fact that it is not possible to lodge confidential complaints, there is no enforcement mechanism and there are no effective penalties) mean that it is inadequate for the purpose of combating UTPs;
Amendment 11 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that UTPs imposed by parties in a stronger bargaining position clearly have a negative impact, including on employment; stresses that UTPs can hamper business competitiveness, investment and product innovation throughout the food supply chain, to the detriment of consumer choice and the quality, variety and innovativeness of the products made available;
Amendment 12 #
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 in conjunction with effective and robust enforcement mechanisms at Member State level ensuring that complaints can be lodged anonymously and establishing dissuasive penalties, and with EU-level coordination; encourages producers and traders, including farmers' organisations, to become involved in such initiatives; takes the view that they should play a leading role in efforts to combat UTPs; recognises the potential that such initiatives have as alternative forums for dispute resolution;
Amendment 13 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reaffirms that free and fair competition, freedom to contract and properstrong and effective enforcement of the relevant legislation to protect all entities in the food supply chain, irrespective of geographical location, are of key importance in ensuring the proper functioning of the food supply chain;
Amendment 13 #
Motion for a resolution
Recital C
Recital C
C. whereas the food trade has an increasingly significant cross-border dimension and is of particular importance for the functioning of the internal market; whereas international trade between EU Member States accounts for around 20% of total food production in the EU, and whereas it is estimated that annually at least 70% of total exports of agricultural or food products from EU Member States go to other EU Member States3a; __________________ 3aReport of the High-Level Forum for a Better Functioning Food Supply Chain, December 2012.
Amendment 14 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission to submit without delay specific proposals for EU legislationbasic EU-level framework legislation establishing a unitary EU framework laying down general principles and taking proper account of national circumstances and best practices, with the aim of banning UTPs in the entire food supply chain that will enable markets to operate as they should and fair and transparent relations to be maintained between food producers, suppliers and distributors;
Amendment 15 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for due account to be taken, when drafting rules in this area, of the specific features of each market and the legal requirements obtaining on it, the different situations and approaches in individual Member States, the degree of consolidation or fragmentation of individual markets, and other significant factors, while also capitalising on measures already taken in some Member States that are proving to be effective; takes the view that such regulatory efforts should ensure that there is relatively broad discretion to tailor the measures to be taken to the specific features of each market and should be based on the general principle of improving enforcement by involving the relevant public agencies; stresses that one solution may be an EU framework that complements the voluntary codes and establishes general principles that reflect the differing situations at national level;
Amendment 16 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to assess the voluntary and self-regulatory schemes put in place to date and, in particular, the progress achieved by the Supply Chain Initiative and its national platforms; points out that matters in this area hinge on the quantitative and qualitative assessment of the issues raised and resolved by the various entities in the food supply chain; calls also the Commission to assess the effectiveness of the regulatory action taken at national and EU level and of the enforcement mechanisms put in place at those levels; calls for an assessment of the likely impact of the various types of EU regulatory action that have been proposed, with due account being taken of all the possible implications for the various stakeholders and for consumer welfare; expects to be notified of the findings of this assessment;
Amendment 17 #
Motion for a resolution
Recital D
Recital D
D. whereas significant structural changes have taken place in the business-to- business (B2B) food supply chain in recent years, involving concentration and vertical integration of entities operating in the production, processing and retail sectors; whereas there is a problem with retailers’ own brands in that traders become direct competitors of their own suppliers; whereas ongoing structural changes in the supply chain are resulting in more intense competition on the food products market, and whereas that in turn could lead to price wars, the principal victims of which are producers (farmers), who come under pressure from falling prices and have to cut production costs;
Amendment 18 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 37 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the performance of the food supply chain not only affects economic sectors such as agriculture and the processing and retail industries, but also the standard of living of consumers in the EU;
Amendment 43 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Amendment 51 #
Motion for a resolution
Recital I
Recital I
I. whereas many Member States have introduced various ways of countering UTPs, in some cases by means of voluntary and self-regulatory schemes and in others through relevant national regulations; whereas this has led to a high degree of divergence and diversification between countries in terms of the level, nature and form of legal protection; whereas some countries have not taken any action in this area;
Amendment 52 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas there is a practice known as ‘forum shopping’, whereby the stronger contractual party unilaterally decides in which Member State – i.e. under which regulatory framework – the contract will apply in order to avoid stricter measures against UTPs;
Amendment 59 #
Motion for a resolution
Recital J
Recital J
J. whereas UTPs are covered only in part by competition law, the provisions of which relate to only a few UTPs in the B2B food supply chain; whereas a significant majority of UTPs therefore lie beyond the scope of competition law because it essentially serves another purpose, i.e. to regulate competition on the market;
Amendment 270 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Hopes that the proposed regulations will help guarantee sustainable, fair commercial relationships and a level playing field for market operators in the food supply chain;