BETA

Awaiting Parliament 1st reading / single reading / budget 1st stage



Activites

  • 2016/06/07 Vote in plenary scheduled
  • 2016/06/06 Debate in plenary scheduled
  • 2016/05/04 Committee report tabled for plenary, single reading
    • A8-0173/2016 summary
  • 2016/04/21 Vote in committee, 1st reading/single reading
  • 2015/04/29 Committee referral announced in Parliament, 1st reading/single reading
  • 2014/07/15 Non-legislative basic document published
    • COM(2014)0472 summary
    • DG {'url': 'http://ec.europa.eu/enterprise/', 'title': 'Enterprise and Industry'}, BIEŃKOWSKA Elżbieta

Documents

AmendmentsDossier
614 2015/2065(INI)
2015/09/18 IMCO 272 amendments...
source: 567.733
2015/09/23 AGRI 195 amendments...
source: 567.770
2015/11/09 IMCO 16 amendments...
source: 571.610
2016/03/02 IMCO 131 amendments...
source: 578.464

History

(these mark the time of scraping, not the official date of the change)

activities/4/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20160606&type=CRE type: Debate in Parliament title: Debate in Parliament
activities/4/type
Old
Debate in plenary scheduled
New
Debate in Parliament
activities/5/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0250 type: Decision by Parliament, 1st reading/single reading title: T8-0250/2016
activities/5/type
Old
Vote in plenary scheduled
New
Decision by Parliament, 1st reading/single reading
procedure/stage_reached
Old
Awaiting Parliament 1st reading / single reading / budget 1st stage
New
Procedure completed
activities/3/docs/0/text
  • The Committee on the Internal Market and Consumer Protection adopted the own-initiative report by Edward CZESAK (ECR, PL) on unfair trading practices in the food supply chain in response to the Commission's report of 29 January 2016 on unfair business-to-business trading practices in the food supply chain.

    The Committee on Agriculture and Rural Development, exercising the prerogative of an associated committee in line with Article 54 of the Rules of Procedure of the European Parliament, was also consulted to give an opinion on the report.

    Members recalled that unfair trading practices (UTPs) are a serious problem, occurring in many sectors of the economy. However, the problem is particularly evident in the food supply chain, having adverse effects on the weakest link in the chain. The problem is attested to by all entities in the food supply chain and by many national competition authorities.

    UTPs principally consist of: payment delays; restricted access to the market; unilateral or retroactive changes to contract terms; refusal to conclude a written contract or exerting pressure to cut prices.

    Whilst welcoming the Commission report of 29 January 2016, Members notes that its conclusions do not pave the way for an EU-level framework to tackle unfair trading practices at EU level.

    Eliminate unfair trading practices: Members recognised that UTPs result primarily from income and power imbalances in the food supply chain and must be urgently addressed in order to ameliorate the situation for farmers in the food sector. These practices have serious negative consequences for farmers, such as lower profits, higher-than-estimated costs, food overproduction and wastage, and financial planning difficulties and ultimately reduce consumer choice.

    Members stated that the Supply Chain Initiative (SCI) and other national and EU voluntary systems (codes of good practice, voluntary dispute settlement mechanisms) should be developed further and promoted as an addition to effective and robust enforcement mechanisms at Member State level, ensuring that complaints can be lodged anonymously and establishing dissuasive penalties, together with EU-level coordination.

    Members proposed that improving the functioning of the SCI via, inter alia, independent governance, confidentiality and anonymity, and effective enforcement and deterrence, could, as a first step, increase farmer interest, support, and, thereby, participation.

    Definition of unfair trading practices: Members believe strongly that the definition of UTPs outlined by the Commission and relevant stakeholders should be taken into account, along with an open list of UTPs, when submitting a proposal for an EU-level framework.

    Anonymity and confidentiality should be incorporated into any future legislative initiative, or initiatives, in this area.

    The Commission should submit a proposal, or proposals, for an EU-level framework laying down general principles and taking proper account of national circumstances and best practices to tackle UTPs in the entire food supply chain in order to ensure a level playing-field across Member States. Moreover, Directive 2011/7/EU should be fully and consistently enforced.

    Public agencies and dedicated bodies: Member States should establish or recognise public agencies or dedicated bodies like an adjudicator, at national level with responsibility for enforcing action to combat unfair practices in the food supply chain.

    Public agencies of this kind can facilitate enforcement, e.g. by being empowered to open and conduct investigations on their own initiative and on the basis of informal information or complaints dealt with on a confidential basis (thus overcoming the ‘fear factor’), and can act as a mediator between the parties involved.

    Members called on the Commission, the Member States and other relevant stakeholders to facilitate the incorporation of farmers' organisations (including POs and APOs) within the scope of national enforcement bodies governing the food supply chain, primarily by securing the anonymity of complaints and an effective sanctions regime.

    Taking into account the specific features of each market: Members considered that any proposed regulatory efforts in this area should ensure that there is relatively broad discretion to tailor the measures to be taken to the specific features of each market, in order to avoid adopting a 'one-size-fits-all' approach.

    Raising consumer awareness: the report called on all stakeholders involved in food supply chain management to step up transparency in the overall food supply chain and to increase consumer information through more appropriate product labelling and certification schemes, in order to enable consumers to make fully-informed choices about available products, and to act accordingly.

    Lastly, the report called for increased transparency and provision of information within the supply chain and for the strengthening of bodies and market information tools such as the European Food Price Monitoring Tool and the Milk Market Observatory, with a view to supplying farmers and POs with accurate and timely market data.

activities/4/type
Old
Indicative plenary sitting date, 1st reading/single reading
New
Debate in plenary scheduled
activities/5
date
2016-06-07T00:00:00
body
EP
type
Vote in plenary scheduled
activities/3/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0173&language=EN type: Committee report tabled for plenary, single reading title: A8-0173/2016
activities/3
date
2016-05-04T00:00:00
body
EP
type
Committee report tabled for plenary, single reading
procedure/stage_reached
Old
Awaiting committee decision
New
Awaiting Parliament 1st reading / single reading / budget 1st stage
activities/3/date
Old
2016-05-26T00:00:00
New
2016-06-06T00:00:00
activities/2
date
2016-04-21T00:00:00
body
EP
type
Vote in committee, 1st reading/single reading
committees
activities/3/date
Old
2016-06-06T00:00:00
New
2016-05-26T00:00:00
procedure/Modified legal basis
Rules of Procedure of the European Parliament EP 150
activities/2/date
Old
2016-01-18T00:00:00
New
2016-06-06T00:00:00
activities/1/committees/2/rapporteur/0/mepref
Old
53b2db60b819f205b0000088
New
557f6cecd1d1c5739d000000
activities/1/committees/2/rapporteur/0/name
Old
JACKIEWICZ Dawid Bohdan
New
CZESAK Edward
committees/2/rapporteur/0/mepref
Old
53b2db60b819f205b0000088
New
557f6cecd1d1c5739d000000
committees/2/rapporteur/0/name
Old
JACKIEWICZ Dawid Bohdan
New
CZESAK Edward
activities/0/docs/0/celexid
CELEX:52014DC0472:EN
activities/1/committees/1/date
2015-04-01T00:00:00
activities/1/committees/1/rapporteur
  • group: EFD name: MAZURONIS Valentinas
committees/1/date
2015-04-01T00:00:00
committees/1/rapporteur
  • group: EFD name: MAZURONIS Valentinas
activities/2
date
2016-01-18T00:00:00
body
EP
type
Indicative plenary sitting date, 1st reading/single reading
activities/0/docs/0/celexid
CELEX:52014DC0472:EN
activities/0/docs/0/text
  • PURPOSE: to tackle unfair trading practices (UTPs) in the business-to-business food supply chain.

    BACKGROUND: cross-border trade between EU Member States now accounts for about 20% of total food and beverage production in the EU.

    UTPs may have harmful effects, especially on SMEs in the food supply chain. UTPs can broadly be defined as practices that grossly deviate from good commercial conduct, are contrary to good faith and fair dealing and are unilaterally imposed by one trading partner on another.

    Although it is difficult to assess its full extent and frequency, the problem of UTPs has been acknowledged by all stakeholders in the food supply chain. For example, in an EU-wide survey among suppliers in the food chain, 96% of the respondents said that they had already been subject to at least one form of UTPs. 83% of the respondents asserting that they were subject to UTPs said that UTPs increased their costs and 77% stated that UTPs reduced their revenues.

    The possible repercussions of UTPs at EU level have not only raised concerns in the European Commission but also in the European Parliament. In January 2012, the Parliament adopted a resolution which highlighted the European dimension of the imbalances in the food supply chain which can lead to unfair practices. This resolution identified a list of specific UTPs and called for them to be subject to specific regulation, supervision and sanctions. In order to better understand the issue, the Commission published a Green Paper on UTPs in January 2013.

    The CAP reform, notably through the new single Common Market Organisation, includes elements which aim at reducing the bargaining power gap between farmers and other parties in the food supply chain. A number of Member States have addressed UTPs at national level using many different approaches. Therefore, there remains a wide divergence in the way UTP issues in food supply chains are addressed in the EU.

    The Commission considers that the potential benefits of reducing UTPs could be substantial, especially for SMEs and microenterprises as these are more likely to be subject to UTPs and their effects than large companies are.

    CONTENT: the Commission communication aims at contributing to fair and sustainable commercial relationships and a level playing field for market participants in the food supply chain through helping to reduce the harmful effects and possible cross-border obstacles caused by UTPs, especially for SMEs.

    This Communication does not foresee regulatory action at EU level and does not prescribe a single solution to address the issue of UTPs. It suggests a combination of voluntary and regulatory frameworks, identifying UTPs and principles to address them, taking into account different national circumstances and approaches.

    The strategy laid down by the Commission follows a two-pillared approach:

    1) The adoption of the Supply Chain Initiative: the Supply Chain Initiative was developed in the context of the Commission’s High Level Forum for a Better Functioning Food Supply Chain which is composed of national authorities and key stakeholder representatives at EU level from the supply and retail sides of the food sector.

    In November 2011, all market representatives involved in the Forum’s working party on UTPs jointly agreed on a set of principles of good practice in vertical relationships in the food supply chain. These principles include: (i) predictability of changes in contract terms; (ii) responsibility for own entrepreneurial risk; (iii) justifiability of requests and charges. In a second step, a voluntary framework for implementing the principles of good practice (the Supply Chain Initiative) was launched in September 2013.

    The Commission encourages all undertakings and relevant organisations in the food supply chain to sign up to a voluntary initiative addressing UTPs, in particular the Supply Chain Initiative. The governance group of the Supply Chain Initiative should continue its efforts to drive and facilitate the creation of national platforms in each EU Member State.

    The Commission will continue to support the exchange of best practices between Member States, e.g. by organising workshops with experts from national administrations.

    2) To guarantee respect at national level: if the weaker party in a commercial relationship is economically dependent on its stronger trading party, it may refrain from asking redress for a UTP through court litigation or voluntary resolution mechanisms.

    This is why the Commission invites Member States to: (i) assess the effectiveness and credibility of their available mechanisms for the enforcement of rules against UTPs; (ii) consider whether further procedural or organisational measures may be appropriate, drawing on best practice in other Member States.

    Particular attention should be given to the capacity to preserve the confidentiality of individual companies submitting complaints and the possibility to conduct investigations.

    The Commission will monitor and assess the progress made by evaluating (i) the actual impact of the Supply Chain Initiative and its national platforms and (ii) the enforcement mechanisms set up by Member States to increase all parties' trust and confidence in the proper functioning of a sustainable food supply chain.

    The Commission will present a report to the Council and the European Parliament at the end of 2015. In light of this report, the Commission will decide whether further action should be taken at EU level to address these issues.

activities/1
date
2015-04-29T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
procedure/dossier_of_the_committee
IMCO/8/02015
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
activities
  • date: 2014-07-15T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2014&nu_doc=0472 celexid: CELEX:52014DC0472:EN type: Non-legislative basic document published title: COM(2014)0472 body: EC commission: DG: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry Commissioner: BIEŃKOWSKA Elżbieta type: Non-legislative basic document published
committees
  • body: EP responsible: False committee: AGRI date: 2015-03-17T00:00:00 committee_full: Agriculture and Rural Development (Associated committee) rapporteur: group: EPP name: MCGUINNESS Mairead
  • body: EP responsible: False committee: ENVI date: 2015-04-01T00:00:00 committee_full: Environment, Public Health and Food Safety rapporteur: group: EFD name: MAZURONIS Valentinas
  • body: EP shadows: group: EPP name: CORAZZA BILDT Anna Maria group: S&D name: SEHNALOVÁ Olga group: ALDE name: ROCHEFORT Robert group: GUE/NGL name: DE JONG Dennis group: Verts/ALE name: ŠOLTES Igor group: EFD name: ZULLO Marco responsible: True committee: IMCO date: 2014-09-24T00:00:00 committee_full: Internal Market and Consumer Protection (Associated committee) rapporteur: group: ECR name: JACKIEWICZ Dawid Bohdan
  • body: EP responsible: False committee_full: Legal Affairs committee: JURI
links
other
  • body: EC dg: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry commissioner: BIEŃKOWSKA Elżbieta
procedure
reference
2015/2065(INI)
title
Unfair trading practices in the food supply chain
legal_basis
Rules of Procedure of the European Parliament EP 052
stage_reached
Preparatory phase in Parliament
subtype
Initiative
type
INI - Own-initiative procedure
subject