Activities of Dennis de JONG 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 (7)
Amendment 80 #
Proposal for a directive
Recital 12
Recital 12
(12) When deciding whether an individual trading practice is considered unfair it is important to reduce the risk of limiting the use of fair and efficiency- creating agreements agreed between parties. As a result, it is appropriate to distinguish practices that are foreseen in clear and unambiguous terms in supply agreements between parties from practices that occur after the transaction has started without being agreed in advance in clear and unambiguous terms, so that only unilateral and retrospective changes to those relevant terms of the supply agreement are prohibited. Member States, supplier organizations or associations of such organizations should assist individual suppliers with drafting and negotiating agreements as their negotiation power and experience in negotiations are often lagging as opposed to the buyers. However, certain trading practices are considered as unfair by their very nature and should not be subject to the parties’ contractual freedom to deviate from them.
Amendment 202 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. Member States shall ensure that the following trading practices are prohibited, if they are not agreed in clear and, unambiguous and easy to understand terms at the conclusion of the supply agreement:
Amendment 209 #
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) a supplier pays for the promotion of food products sold by the buyer. Prior to a promotion and if that promotion is initiated by the buyer, the buyer shall specify the period of the promotion, the type of promotion, the frequency of the promotion and the expected quantity of the food products to be ordered;
Amendment 221 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. If an agreement is reached as described in points (b), (c) and (d) of paragraph 2, the buyer shall provide evidence of the actual marketing activities to the supplier, regarding the stocking, displaying, listing, promoting and marketing of food products.
Amendment 242 #
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, not-for- profit non-governmental and civil society organisations shall have the right to submit a complaint.
Amendment 260 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5 a Agreements Member States shall encourage the signing of agreements between suppliers and buyers. In order to help suppliers sign fair agreements, Member States, supplier organizations or associations of such organizations shall be able to assist individual suppliers with drafting and negotiating agreements, as suppliers often lack negotiation power and experience in negotiating.
Amendment 268 #
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) to take a decision establishing an infringement of the prohibitions laid down in Article 3 and require the buyer to terminate the prohibited trading practice. The authority may abstain from taking any such decision, if such decision would risk revealing the identity of a complainant against its will or disclosing any other information in respect of which the complainant considers disclosure harmful to his interests, provided that the complainant has identified that information in accordance with Article 5(3);