13 Amendments of Robert Jarosław IWASZKIEWICZ related to 2018/0082(COD)
Amendment 63 #
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. It should benefit all agricultural producers or any natural or legal person that supplies 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 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 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, producer organisations and associations of producer organisations. OJ L 124, 20.5.2003, p. 36.
Amendment 70 #
Proposal for a directive
Recital 8
Recital 8
Amendment 100 #
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 or 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.
Amendment 118 #
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 person who directly or indirectly purchases from the supplier agricultural or food products by way of trade for sale, resale or processing. The term "buyer" may include a group of such natural and legal persons;
Amendment 121 #
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 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 125 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 131 #
Proposal for a directive
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) “food products” means food 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 foodwithin the meaning of Article 2 of Regulation (EC) No 178/2002;
Amendment 170 #
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) granting only to one party to the contract the right to terminate the contract or the right to withdraw from it;
Amendment 172 #
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(db) unjustified termination of the contract, or threatening to terminate the contract.
Amendment 206 #
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
Amendment 208 #
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
Amendment 213 #
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
Amendment 223 #
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 which are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the supply agreement between the parties. Member States may apply stricter rules regarding the prohibitions laid down in paragraphs 1 and 2.