10 Amendments of Lara COMI related to 2018/0082(COD)
Amendment 101 #
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, as well as to the services related to those products, by a supplier to a buyer that is not a small and medium-sized enterprise.
Amendment 113 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) “buyer” means any natural or legal person established in the Union who buys food productwhich is not a small and medium- sized enterprise, irrespective of their place of establishment, who buys food products for processing or distribution in the Union and provides services to suppliers by way of trade. The term "buyer" may include a group of such natural and legal persons; , including those that only provide services to suppliers.
Amendment 144 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Amendment 167 #
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) partial or total reduction of purchases under existing contracts in order to impose an amendment to an existing contract or to negotiate a new contract.
Amendment 194 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Amendment 195 #
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. The buyer shall inform the supplier of any differentiated treatment which the buyer gives, or intends to give, in relation to competing brands owned or managed by it. Such differentiated treatment shall include at least any specific measures or behaviour on the part of the buyer relating to listing, store- space or commercial margins.
Amendment 196 #
Proposal for a directive
Article 3 – paragraph 1 c (new)
Article 3 – paragraph 1 c (new)
1c. A buyer shall not threaten to, or actually, execute commercial retaliation against the supplier if the latter exercises its contractual and legal rights, including the filing of complaints and cooperation with national enforcement authorities.
Amendment 197 #
Proposal for a directive
Article 3 – paragraph 1 d (new)
Article 3 – paragraph 1 d (new)
1d. A buyer shall not undertake communication or promotional activities or commercial policies which are, or which risk being, detrimental to the image of products bearing a geographical indication under Regulation (EU) No 1151/2012, Regulation (EC) No 110/2008 or Regulation (EU) No 251/2014.
Amendment 198 #
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 terms at the conclusion of the supply agreement and the ensuing payments from the supplier to the buyer are not strictly related to the cost incurred by the buyer, or if they are the result of the economic dependence of the supplier on the buyer, which enabled the buyer to impose those terms:
Amendment 231 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4 a Competent authority 1. The enforcement authority of the Member State in which a buyer suspected to have engaged in a prohibited trading practice is established, shall be competent to investigate unfair trading practices committed by the buyer. 2. If a supplier delivers its products to a recipient related to the buyer but established in a Member State which does not correspond to the place of establishment of the buyer suspected to have engaged in a prohibited trading practice, the enforcement authority of that Member State shall be competent to investigate unfair trading practices committed by the buyer. The recipient of the products shall be considered as jointly liable for any infringements committed. 3. Where the buyer is established outside the Union, the enforcement authority of the Member State where the supplier is established shall be competent to investigate unfair trading practices committed against the supplier. 4. The competent authority pursuant to paragraphs 1 to 3 shall also be competent to investigate unfair trading practices related to the provision of services linked to the supply agreement. The buyer and, as the case may be, the third-party recipient of the goods shall be considered as jointly liable for any infringements committed by a third-party provider of related services.