Activities of James NICHOLSON related to 2018/0082(COD)
Plenary speeches (1)
Unfair trading practices in business-to-business relationships in the food supply chain (debate)
Amendments (8)
Amendment 108 #
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 regimedirective however should not impair existing voluntary codes and/or rules and instruments, which function as useful and legitimate deterrents to Unfair Trading Practices in many Member States. 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 153 #
Proposal for a directive
Recital 14
Recital 14
(14) Complaints by producer organisations or associations of such organisations 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 report 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 373 #
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) a buyer sells food products below the cost of production in order to stimulate sales of other products;
Amendment 447 #
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
Amendment 458 #
Proposal for a directive
Article 3 – paragraph 1 d (new)
Article 3 – paragraph 1 d (new)
1d. A supply agreement between and a supplier and a buyer must not include provisions under which a supplier makes payments to a retailer as compensation for shrinkage.
Amendment 559 #
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, direct and indirect suppliers, trade associations and any organisations with knowledge of trading practices in supply chains may submit evidence of a suspected breach of the prohibitions laid down in Article 3.
Amendment 586 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
Member States shall ensure that the enforcement authority is properly equipped andto encourage the proper and fair functioning of the agricultural and food supply chain. They shall confer on it the following powers:
Amendment 610 #
(d) to impose a pecuniary fine on the author of the infringement. The fine shall be effective, proportionate and dissuasive taking into account the nature, duration and gravity of the infringement;. The enforcement authority shall also take into account any previous infringements.