Activities of Edward CZESAK related to 2018/0082(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on unfair trading practices in business-to-business relationships in the food supply chain
Amendments (15)
Amendment 85 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Special attention should be paid to the protection of the identity of complainants and other victims of practices if the authority pursues the obligation under Article 6(e) of the Directive.
Amendment 108 #
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 to a buyer that is not a small and medium-sized enterpriseagricultural and food products, as well as to the services related to those products, by a supplier to a buyer.
Amendment 126 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 135 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) “perishable agricultural and food products” means fgood products that will become unfit for human consumption unless they are stored, treated, packaged or otherwise conserved to prevent them from becoming unfits that rapidly decay due to their natural characteristics; in particular in the absence of appropriate storage conditions.
Amendment 138 #
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) “unfair trading practice” means any practice that: - is not conducted in good faith and fair dealing, in formal and informal arrangements; - is unilaterally imposed by one trading partner on another under duress; - imposes or attempts to impose a significant imbalance of rights and obligations on the supplier in the commercial relationship.
Amendment 171 #
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) a supplier signs a supply agreement under duress or accepts a change to it under duress;
Amendment 175 #
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(db) sharing or misuse, intentionally or by negligence, of confidential information provided by the supplier to the buyer, such as the content of the agreement or trade secrets shared by the supplier with the buyer.
Amendment 224 #
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 adopt stricter rules regarding the prohibitions laid down in paragraphs 1 and 2.
Amendment 237 #
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 establishedsupplier is established. The authority thus addressed shall conduct proceedings.
Amendment 255 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. In its decision terminating proceedings, the enforcement authority responsible shall, at its own discretion, adopt the conduct best tailored to guarantee the rights of the parties to the proceedings. This could include, inter alia: an indication of exemplary victims, or of all victims; a presentation of an abstract model or a description only of the relation to a single supplier, while keeping its data confidential.
Amendment 261 #
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 and shall encourage the proper and fair functioning of the agricultural and food supply chain in the Union. It shall confer on it the following powers:
Amendment 269 #
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(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 take into account any previous infringements relating to this Directive and administer more weighty punishments for repeat offenders;
Amendment 282 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The enforcement authorities shall meet at least once per year to discuss the application of this Directive on the basis of the annual reports referred to in Article 9(1) and best practices in the area it covers. The Commission shall facilitate those meetings and shall issue, within 12 months of the date of entry into force of this Directive, binding guidelines on this cooperation as regards the obligation for bilateral or multilateral exchange of information for the purposes of market research and proceedings.
Amendment 299 #
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 300 #
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.