12 Amendments of Daniel BUDA related to 2018/0082(COD)
Amendment 174 #
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 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, and assess whether unfair trading practices are being imposed with regard to the sale of other products.
Amendment 183 #
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 food supply chain and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities.
Amendment 217 #
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 enterprise or food chain cooperative association to a buyer that is not a small and medium-sized enterprise or food chain cooperative.
Amendment 249 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) “supplier” means any agricultural producer or processor 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 398 #
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) a buyer does not take into account the obligation to inform the supplier, fully and unambiguously, about all the contractual provisions.
Amendment 414 #
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(db) a buyer makes the conclusion of a trade agreement dependent on payment of an annual fee and applies this retroactively.
Amendment 416 #
Proposal for a directive
Article 3 – paragraph 1 – point d c (new)
Article 3 – paragraph 1 – point d c (new)
(dc) a buyer obliges a supplier to reduce the price of food products by informing it that the supplier has reduced the price in other distribution networks.
Amendment 420 #
Proposal for a directive
Article 3 – paragraph 1 – point d d (new)
Article 3 – paragraph 1 – point d d (new)
(dd) a buyer refuses to give the supplier a description of any differentiated treatment of the supplier as compared with own brands. The description referred to in dd (new) may include at the least every instance of different treatment in the sense of specific measures or procedures in connection with (a) access to personal or other data gathered in connection with the purchase of agricultural or food products; (b) listing, displaying, classifying or other factors affecting consumer purchase decisions; (c) direct or indirect remuneration for using services provided by the buyer; (d) access to or the conditions for the use of services directly related to the supply agreement.
Amendment 427 #
Proposal for a directive
Article 3 – paragraph 1 – point d e (new)
Article 3 – paragraph 1 – point d e (new)
(de) a buyer refuses to take commercial measures if a supplier avails itself of its contractual rights, including the submission of a complaint and cooperating with the national enforcement authorities, or threatens the supplier with corresponding measures.
Amendment 620 #
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 characteristics of the unfair trading practices identified and the number of complaints received and the investigations initiated and closed by it. For each investigation, the report shall contain a summary description of the matter and the outcome of the investigation.
Amendment 674 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by six12 months after the entry into force of the Directive at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 677 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
They shall apply those provisions from 128 months after entry into force of this Directive.