24 Amendments of Matt CARTHY related to 2018/0082(COD)
Amendment 73 #
Proposal for a directive
Recital 5
Recital 5
(5) The number and size of operators vary across the different stages of the 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 the union. Agricultural producers, who supply primary agricultural products, are largely small and medium- sized.
Amendment 80 #
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. 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 mthey do not represent an enterprise consisting of over 500 employees. 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 be enforceable at higher levels of the food chain to 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 OJ L 124, 20.5.2003, p. 36.
Amendment 92 #
Proposal for a directive
Recital 8
Recital 8
(8) Suppliers established outside the Union should be able to rely on the Union minimum standard when they sell food products to buyers established in the Union to avoid unintended distorting effects resulting from the protection of suppliers in the Union and to ensure Member States meet their responsibilities under the Sustainable Development Goals.
Amendment 103 #
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 112 #
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 food supply chain, subject to the limits of Union law applicable to the functioning of the internal market.
Amendment 143 #
Proposal for a directive
Recital 14
Recital 14
(14) Complaints by producer organisations or associations of such organisations or organisations with knowledge of trading practices in supply chains can serve to protect the identity of individual members of the organisation who are small and medium- sized suppliers and consider themselves exposed to reprisals if they complain of 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 209 #
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 enterprisen enterprise of less than five hundred employees to a buyer that is not a small and medium-sized enterprise.
Amendment 297 #
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(e a) "producer organisation" for the purposes of this Directive means any producer organisation or association of producer organisations of which there is a voluntary cooperation of producers of agricultural products, which is owned and controlled by its user members and operates for the benefit of its user members.
Amendment 304 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that the followingunfair trading practices are prohibited. Furthermore Member states shall introduce a specific prohibition of at least the following practices:
Amendment 366 #
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 370 #
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) a buyer sells a product for a less than of 110% of the purchase price unless it is placing the product under promotion. Promotions must be for no more than 30 days and not reduce the product by more than one third of its non-promotion price. The supplier may only place 25% of the volume purchased on promotion.
Amendment 383 #
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(db) a buyer fails to agree a written contract with a supplier prior to delivery of the agricultural products, unless an underlying supply agreement with the buyer exists, supplemented as required by details of an individual transaction agreement.
Amendment 399 #
Proposal for a directive
Article 3 – paragraph 1 – point d c (new)
Article 3 – paragraph 1 – point d c (new)
(dc) A buyer imposing disproportionately high contractual sanctions in comparison to the value and significance of the subject of the obligation.
Amendment 411 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 (new)
Article 3 – paragraph 1 – subparagraph 1 (new)
A buyer compelling a supplier to avail of services it, or a third-party it has a contract with, offers not requested by the supplier and/or not serving its interests.
Amendment 445 #
Proposal for a directive
Article 3 – paragraph 1 – point d d (new)
Article 3 – paragraph 1 – point d d (new)
(dd) a buyer requests compensation from the supplier for the cost of examining customer complaints related to its products.
Amendment 446 #
Proposal for a directive
Article 3 – paragraph 1 – point d e (new)
Article 3 – paragraph 1 – point d e (new)
(de) a buyer terminates, or threatens to terminate, a supply contract for reasons other than those listed as reasons for termination in the supply contract.
Amendment 449 #
Proposal for a directive
Article 3 – paragraph 1 – point d f (new)
Article 3 – paragraph 1 – point d f (new)
(df) a buyer compels a supplier to manufacture the same product to be sold under the retailer's own brand at the same or a lower cost than the supplier's branded product.
Amendment 450 #
Proposal for a directive
Article 3 – paragraph 1 – point d g (new)
Article 3 – paragraph 1 – point d g (new)
(dg) a buyer charges the supplier a fee which is directly or indirectly a product listing fee.
Amendment 451 #
Proposal for a directive
Article 3 – paragraph 1 – point d h (new)
Article 3 – paragraph 1 – point d h (new)
(dh) a buyer demands a supplier to change any part of its supply chain procedures during the period of supply, unless that buyer: (a) gives reasonable notice of such a change in writing or (b) fully compensates that supplier for any net resulting cost as a result of the failure to give reasonable notice.
Amendment 452 #
Proposal for a directive
Article 3 – paragraph 1 – point d i (new)
Article 3 – paragraph 1 – point d i (new)
(di) a buyer comes to an agreement with a supplier which would result in the supplier receiving less than the net cost of production per unit supplied.
Amendment 453 #
Proposal for a directive
Article 3 – paragraph 1 – point d j (new)
Article 3 – paragraph 1 – point d j (new)
(dj) a buyer charges the supplier a fee for retention of the contract;
Amendment 542 #
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. Where a buyer established inside the Union uses a buyer established outside of the Union to purchase products for retail inside the Union, it shall assume the obligations of its non Union purchaser in the event of a dispute. Complaints shall be addressed to the enforcement authority of the Member State in which the buyer is established.
Amendment 560 #
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 or organisations with knowledge of trading practices in food supply chains shall have the right to submit a complaint.
Amendment 618 #
Proposal for a directive
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) to inform buyers and suppliers about its activities, by way of annual reports, which shall inter alia describe the number of complaints received and, the investigations initiated and closed by it and a list of the enterprises who have had findings made against them. For each investigation, the report shall contain a summary description of the matter and the outcome of the investigation.