Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | AGRI | DE CASTRO Paolo ( S&D) | MCGUINNESS Mairead ( PPE), MCINTYRE Anthea ( ECR), KATAINEN Elsi ( ALDE), HEUBUCH Maria ( Verts/ALE), ZULLO Marco ( EFDD), COLOMBIER Jacques ( ENF) |
Committee Opinion | DEVE | MCAVAN Linda ( S&D) | Lola SÁNCHEZ CALDENTEY ( GUE/NGL) |
Committee Opinion | IMCO | TARABELLA Marc ( S&D) | Birgit COLLIN-LANGEN ( PPE), Edward CZESAK ( ECR), Dennis de JONG ( GUE/NGL), Jasenko SELIMOVIC ( ALDE) |
Committee Opinion | ENVI | AYUSO Pilar ( PPE) | Urszula KRUPA ( ECR), Daciana Octavia SÂRBU ( S&D) |
Lead committee dossier:
Legal Basis:
TFEU 043-p2
Legal Basis:
TFEU 043-p2Subjects
Events
PURPOSE: to combat unfair trade practices in the food supply chain.
LEGISLATIVE ACT: Directive (EU) 2019/633 of the European Parliament and of the Council on unfair trading practices in business-to-business relationships in the agricultural and food supply chain.
CONTENT: the Directive establishes a minimum list of prohibited unfair trading practices in relations between buyers and suppliers in the agricultural and food supply chain and lays down minimum rules concerning the enforcement of those prohibitions and arrangements for coordination between enforcement authorities.
Its objective is to prevent the weaker bargaining position of small and medium-sized farmers from being exploited by large operators and also to avoid the costs of such practices from being passed on to primary producers.
The new rules would protect small and medium-sized suppliers with an annual turnover not exceeding EUR 350 million. These suppliers would be divided into five sub-categories (for turnover of less than two million, 10 million, 50 million, 150 million and 350 million EUR).
Prohibition of unfair trading practices
The Directive prohibits the most obvious unfair trading practices, namely:
late payments for perishable products (payments made more than 30 days after delivery); cancellations of last minute orders (notified within less than 30 days) concerning perishable products; unilateral or retroactive changes to supply agreements; the buyer's request to the supplier to pay for the deterioration or loss of agricultural and food products at the buyer's premises or after the transfer of ownership to the buyer; the buyer's refusal to confirm in writing the terms of a supply agreement between the buyer and the supplier on which the supplier has requested written confirmation; the misuse by the buyer of confidential information; the threat of the buyer to take commercial retaliation actions against the supplier if the supplier exercises its contractual or legal rights; a claim for compensation from the supplier for the cost incurred in investigating customer complaints relating to the sale of the supplier's products despite the absence of negligence or fault on the part of the supplier.
Member States shall ensure that at least all the following trading practices are prohibited, unless they have been previously agreed in clear and unambiguous terms in the supply agreement or in a subsequent agreement between the supplier and the buyer:
the buyer returns unsold agricultural and food products to the supplier without paying for those unsold products or without paying for the disposal of those products, or both; the supplier is charged payment as a condition for stocking, displaying or listing its agricultural and food products, or of making such products available on the market; the buyer charges the supplier for staff for fitting-out premises used for the sale of the supplier's products.
Each Member State shall designate one or more authorities to enforce the prohibitions at national level (‘enforcement authority’), and shall inform the Commission of that designation.
Complaints and confidentiality
Suppliers may address complaints either to the enforcement authority of the Member State in which the supplier is established or to the enforcement authority of the Member State in which the buyer that is suspected to have engaged in a prohibited trading practice is established. The enforcement authority to which the complaint is addressed shall be competent to enforce the prohibitions.
Member States shall ensure that, where the complainant so requests, the enforcement authority shall take the necessary measures for the appropriate protection of the identity of the complainant or the members or suppliers and for the appropriate protection of any other information in respect of which the complainant considers that the disclosure of such information would be harmful to the interests of the complainant or of those members or suppliers. The complainant shall identify any information for which it requests confidentiality.
Powers of the competent authorities
Member States' enforcement authorities should have the necessary powers and expertise to (i) carry out investigations, (ii) collect factual information, (iii) carry out unannounced on-site inspections, (iv) order the cessation of a prohibited practice, where appropriate, and (iv) impose fines and other equally effective sanctions and take provisional measures against the author of the infringement.
Member States may promote the voluntary use of effective and independent alternative dispute resolution mechanisms.
Lastly, Member States shall ensure that enforcement authorities cooperate effectively with each other and with the Commission and assist each other in investigations with a cross-border dimension.
ENTRY INTO FORCE: 30.4.2019.
TRANSPOSITION: 1.5.2021.
APPLICATION: from 1.11.2021.
The European Parliament adopted by 589 votes to 72 with 9 abstentions a legislative resolution on the proposal for a directive of the European Parliament and of the Council on unfair commercial practices in business-to-business relations in the food supply chain.
The position of the European Parliament adopted at first reading under the ordinary legislative procedure has amended the Commission proposal as follows:
Protecting producers from unfair trade practices
Within the agricultural and food supply chain, significant imbalances between the bargaining power of suppliers of agricultural and food products and that of buyers of these products are frequent.
In order to combat practices that depart from good commercial conduct, are contrary to good faith and loyalty, and are unilaterally imposed by one trading partner on another, the proposed new directive establishes a minimum list of prohibited unfair commercial practices in the relations between buyers and suppliers in the agricultural and food supply chain.
Thus, Member States should ensure that at least all subsequent unfair commercial practices are prohibited:
- payment for perishable products made more than 30 days after delivery or, where the products are regularly delivered, 30 days after the expiry of an agreed delivery period, or 30 days after the date on which the amount to be paid is established;
- payment for other agricultural and food products made more than 60 days after delivery or, where the products are regularly delivered, 60 days after the expiry of an agreed delivery period, or 60 days after the date on which the amount to be paid is established;
- cancellations of orders for perishable products notified within less than 30 days;
- unilateral modification by the buyer of contractual terms and conditions that have been approved, such as deregistering products covered by a supply agreement;
- the buyer's request to the supplier to pay for the deterioration or loss of agricultural and food products at the buyer's premises or after the transfer of ownership to the buyer;
- the buyer's refusal to confirm in writing the terms of a supply agreement between the buyer and the supplier on which the supplier has requested written confirmation;
- the threat of the buyer to take commercial retaliation actions against the supplier if the supplier exercises its contractual or legal rights;
- a claim for compensation from the supplier for the cost incurred in investigating customer complaints in connection with the sale of the supplier's products despite the absence of negligence or fault on the part of the supplier.
Other commercial practices would also be prohibited unless they have been clearly agreed in advance in the supply agreement:
- the return by the buyer of unsold products to the supplier without paying for such unsold products or without paying for the disposal of such products;
- the obligation for the supplier to make a payment for his products to be stored, displayed or referenced or made available on the market;
- the request to the supplier to bear all or part of the costs associated with any discounts on products sold by the buyer as part of promotional actions;
- the request to the supplier to pay for the advertising made by the buyer for the products;
- the buyer charges the supplier for the personnel responsible for arranging the premises used for the sale of the supplier's products.
The new rules would protect small and medium-sized suppliers with an annual turnover not exceeding EUR 350 million. These suppliers would be divided into five sub-categories (for turnover of less than two million, 10 million, 50 million, 150 million and 350 million EUR).
Complaints
Suppliers would be able to complain either to the enforcement authority of the Member State in which they are established or to the enforcement authority of the Member State in which the buyer who is suspected of having engaged in a prohibited commercial practice is established. The enforcement authority to which the complaint is addressed would be competent to enforce the prohibitions. The enforcement authority receiving the complaint should inform the complainant within a reasonable time after receiving it of how it intends to deal with the complaint.
Member States could promote the voluntary use of effective and independent alternative dispute resolution mechanisms.
The Committee on Agriculture and Rural Development adopted the report by Paolo DE CASTRO (S&D, IT) 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.
The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission’s proposal as follows.
Scope : the proposed Directive shall apply to certain unfair trading practices which occur in relation to the sales of agricultural and food products by a supplier to a buyer, as well as to the related services provided by a buyer to a supplier, which are ancillary to the sale of agricultural and food products.
Members seek to extend the scope of the proposed Directive to:
suppliers in the food supply chain which are not SMEs, in order to include producer organisations and avoid possible trade diversions away from SMEs; all agricultural products, i.e. not only to food products, in order to include the horticultural sector, feed industry, and other agricultural sectors not falling under food production.
Definitions : the text proposed extend the definition of ‘buyers’ to include those operators that, though established outside the EU, buy and sell products in the EU market. The aim is to avoid that a buyer can escape the provisions of the Directive by simply moving its place of establishment outside the EU.
As regards the definition of the ‘buyer’, the provision of related services should be included into the scope, together with processing, importing, exporting, marketing, distribution, retail and sale to final consumers of agricultural and food products.
The amendment text also clarifies the possibility for Member States to have a more ambitious approach with regard to the number of unfair trading practices they intend to prohibit.
Prohibition of unfair trading practices : Members introduced a provision whereby the payment term for non-perishable products at 60 days from the receipt of the invoice, as also provided for in Directive 2011/7/EU on late payment. Another amendment aims at better defining the notion of ‘ short notice ’ (when a buyer cancels orders of perishable food products) with a fixed time-limit of 60 days .
Written contracts: the use of written contracts in the agricultural and food supply chain reinforces the responsibility of operators and helps to avoid certain unfair commercial practices. In order to incentivise the use of such contracts suppliers, or their associations, shall have the right to request a written contract. The refusal by a buyer to enter into a written contract with a supplier despite the supplier having requested such a contract in accordance with this Directive, when terms have been agreed between them, shall be considered as an unfair trading practice and be prohibited.
Complaints : they shall be addressed to the enforcement authority of the Member State in which the buyer suspected to have engaged in a prohibited trading practice is established. Where the buyer is established outside the Union, the complaint shall be addressed to the enforcement authority of the Member State in which the supplier is located. That enforcement authority shall take action.
Where the enforcement authority considers that there are sufficient grounds for acting on a complaint, it shall initiate and conduct an investigation, which shall be concluded within six months from the initiation of the investigation.
Members proposed the introduction of the possibility for Member States to promote the use of mediation or an alternative dispute resolution mechanism.
Lastly, they introduced the obligation for Member States to include in their annual report to the Commission of an evaluation on the effectiveness of the implemented measures in order to ban unfair trading practices.
PURPOSE: to establish in all Member States a minimum standard of protection against unfair commercial practices in the food supply chain.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: smaller operators in the food supply chain are more prone to face unfair trading practices (UTPs) due to their, in general, weak bargaining power in comparison to the large operators in the chain.
According to a 2013 survey of agricultural producers and agricultural cooperatives based on a wide definition of UTPs, the estimated damage from UTPs amounted to over EUR 10 billion per year .
In an agricultural policy environment that has become distinctly more market oriented, the good governance of the food supply chain has become more important for operators, in particular for agricultural producers.
The divergence of Member States’ regulatory approaches to UTPs results furthermore in dissimilar conditions of competition for operators.
In June 2016, a European Parliament resolution called on the Commission to submit a proposal for a Union legal framework concerning unfair trading practices. In December 2016, the Council invited the Commission to undertake, in a timely manner, an impact assessment with a view to proposing a Union legal framework or non-legislative measures to address unfair trading practices.
The proposed measures are complementary to measures existing in Member States and the code of conduct of the SCI (minimum harmonisation approach). The voluntary Supply Chain Initiative (SCI) is a private industry initiative that seeks to govern UTPs.
IMPACT ASSESSMENT: the option chosen is partial harmonisation of UTP rules in the EU food supply chain while introducing a c ommon minimum protection standard in the EU to help achieve the objective of reducing the occurrence of UTPs .
Concretely formulated prohibitions targeting specific UTPs will also reduce legal uncertainty for commercial transactions that may derive from a more general prohibition.
CONTENT: the present proposal for a Directive aims at reducing the occurrence of UTPs in the food supply chain by introducing a minimum common standard of protection across the EU that consists of a short list of specific prohibited UTPs.
The protection applies only to SME suppliers in the food supply chain as regards their sales to buyers which are not SMEs.
Prohibition of unfair trading practices : Member States shall ensure that the following trading practices are prohibited:
a buyer pays a supplier for perishable food products later than 30 calendar days after the receipt of the supplier’s invoice or later than 30 calendar days after the date of delivery of the perishable food products, whichever is the later; a buyer cancels orders of perishable food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products; a buyer unilaterally and retroactively changes the terms of the supply agreement concerning the frequency, timing or volume of the supply or delivery, the quality standards or the prices of the food products; a supplier pays for the wastage of food products that occurs on the buyer's premises and that is not caused by the negligence or fault of the supplier.
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:
a buyer returns unsold food products to a supplier; a buyer charges a supplier payment as a condition for the stocking, displaying or listing food products of the supplier; a supplier pays for the promotion of food products sold by the buyer.
Designated enforcement authority : the proposal provides that Member States will have to designate a public authority to enforce the new rules. Enforcement authorities are vested with the necessary powers to start an investigation on their own initiative or based on a complaint, to gather information, terminate an infringement and to impose fines and publish the decisions taken to achieve a deterrent effect.
They shall be able to deal with confidential complaints and to protect, where requested, the identity of the complainant. Coordination and cooperation between enforcement authorities is foreseen. This covers annual meetings facilitated by the Commission and annual reports that the enforcement authorities will submit.
The proposal clarifies that Member States may provide for additional rules designed to combat UTPs going above and beyond this minimum Union standard as long as those rules respect the rules pertaining to the internal market.
BUDGETARY IMPLICATION: t he proposal would have a limited impact on the EU budget. It would entail one annual coordination meeting of Member States’ enforcement authorities in Brussels and the creation and management of a basic website for the information exchange by the Commission.
Documents
- Follow-up document: COM(2021)0652
- Follow-up document: EUR-Lex
- Commission response to text adopted in plenary: SP(2019)393
- Final act published in Official Journal: Directive 2019/633
- Final act published in Official Journal: OJ L 111 25.04.2019, p. 0059
- Draft final act: 00004/2019/LEX
- Decision by Parliament, 1st reading: T8-0152/2019
- Debate in Parliament: Debate in Parliament
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE638.583
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2019)005252
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)005252
- Text agreed during interinstitutional negotiations: PE638.583
- Contribution: COM(2018)0173
- Results of vote in Parliament: Results of vote in Parliament
- Contribution: COM(2018)0173
- Committee report tabled for plenary, 1st reading: A8-0309/2018
- Contribution: COM(2018)0173
- Committee opinion: PE625.314
- Committee opinion: PE626.670
- Economic and Social Committee: opinion, report: CES2438/2018
- Committee opinion: PE623.685
- Contribution: COM(2018)0173
- Amendments tabled in committee: PE625.561
- Amendments tabled in committee: PE623.674
- Committee of the Regions: opinion: CDR2906/2018
- Committee draft report: PE623.672
- Contribution: COM(2018)0173
- Contribution: COM(2018)0173
- Contribution: COM(2018)0173
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2018)0091
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2018)0092
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2018)0093
- Legislative proposal published: COM(2018)0173
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2018)0091
- Document attached to the procedure: EUR-Lex SWD(2018)0092
- Document attached to the procedure: EUR-Lex SWD(2018)0093
- Committee draft report: PE623.672
- Committee of the Regions: opinion: CDR2906/2018
- Amendments tabled in committee: PE625.561
- Amendments tabled in committee: PE623.674
- Committee opinion: PE623.685
- Economic and Social Committee: opinion, report: CES2438/2018
- Committee opinion: PE625.314
- Committee opinion: PE626.670
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)005252
- Text agreed during interinstitutional negotiations: PE638.583
- Draft final act: 00004/2019/LEX
- Commission response to text adopted in plenary: SP(2019)393
- Follow-up document: COM(2021)0652 EUR-Lex
- Contribution: COM(2018)0173
- Contribution: COM(2018)0173
- Contribution: COM(2018)0173
- Contribution: COM(2018)0173
- Contribution: COM(2018)0173
- Contribution: COM(2018)0173
- Contribution: COM(2018)0173
Activities
- Notis MARIAS
- Czesław Adam SIEKIERSKI
- Dobromir SOŚNIERZ
- Pilar AYUSO
Plenary Speeches (1)
- Bas BELDER
Plenary Speeches (1)
- Nicola CAPUTO
Plenary Speeches (1)
- Michel DANTIN
Plenary Speeches (1)
- Karine GLOANEC MAURIN
Plenary Speeches (1)
- Michela GIUFFRIDA
Plenary Speeches (1)
- Beata GOSIEWSKA
Plenary Speeches (1)
- Innocenzo LEONTINI
Plenary Speeches (1)
- Linda McAVAN
Plenary Speeches (1)
- Giulia MOI
Plenary Speeches (1)
- Momchil NEKOV
Plenary Speeches (1)
- James NICHOLSON
Plenary Speeches (1)
- Marijana PETIR
Plenary Speeches (1)
- Laurenţiu REBEGA
Plenary Speeches (1)
- Sofia RIBEIRO
Plenary Speeches (1)
- Daciana Octavia SÂRBU
Plenary Speeches (1)
- Giancarlo SCOTTÀ
Plenary Speeches (1)
- Olga SEHNALOVÁ
Plenary Speeches (1)
- Ricardo SERRÃO SANTOS
Plenary Speeches (1)
- Adam SZEJNFELD
Plenary Speeches (1)
- Miguel VIEGAS
Plenary Speeches (1)
- Maria Gabriela ZOANĂ
Plenary Speeches (1)
Votes
A8-0309/2018 - Paolo De Castro - Décision d'engager des négociations interinstitutionnelles 25/10/2018 12:12:38.000 #
FR | IT | PL | RO | ES | BG | HU | GB | PT | LT | HR | SI | SK | LV | MT | IE | CZ | BE | EL | LU | EE | CY | ?? | FI | AT | DK | NL | DE | SE | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total |
69
|
53
|
43
|
26
|
44
|
14
|
14
|
53
|
17
|
9
|
8
|
7
|
11
|
6
|
6
|
7
|
17
|
20
|
15
|
6
|
6
|
4
|
2
|
11
|
18
|
5
|
22
|
83
|
19
|
|
S&D |
164
|
Italy S&DFor (24)Andrea COZZOLINO, Brando BENIFEI, Caterina CHINNICI, Damiano ZOFFOLI, Daniele VIOTTI, David Maria SASSOLI, Elena GENTILE, Elly SCHLEIN, Enrico GASBARRA, Flavio ZANONATO, Giuseppe FERRANDINO, Isabella DE MONTE, Luigi MORGANO, Massimo PAOLUCCI, Mercedes BRESSO, Michela GIUFFRIDA, Nicola CAPUTO, Nicola DANTI, Paolo DE CASTRO, Patrizia TOIA, Pier Antonio PANZERI, Renata BRIANO, Roberto GUALTIERI, Sergio Gaetano COFFERATI
|
Poland S&D |
10
|
4
|
3
|
United Kingdom S&DFor (17) |
Portugal S&DFor (6) |
2
|
2
|
1
|
4
|
1
|
3
|
1
|
3
|
4
|
3
|
1
|
1
|
1
|
2
|
Austria S&DFor (2)Abstain (3) |
2
|
3
|
Germany S&DFor (15)Against (8)Abstain (3) |
Sweden S&DAgainst (6) |
|||
PPE |
171
|
France PPEFor (18)Alain CADEC, Alain LAMASSOURE, Angélique DELAHAYE, Anne SANDER, Arnaud DANJEAN, Brice HORTEFEUX, Elisabeth MORIN-CHARTIER, Franck PROUST, Françoise GROSSETÊTE, Geoffroy DIDIER, Jérôme LAVRILLEUX, Marc JOULAUD, Michel DANTIN, Michèle ALLIOT-MARIE, Nadine MORANO, Philippe JUVIN, Rachida DATI, Tokia SAÏFI
|
Italy PPEFor (8) |
Poland PPEFor (18)Adam SZEJNFELD, Agnieszka KOZŁOWSKA, Andrzej GRZYB, Barbara KUDRYCKA, Bogdan Andrzej ZDROJEWSKI, Bogdan Brunon WENTA, Czesław Adam SIEKIERSKI, Danuta JAZŁOWIECKA, Danuta Maria HÜBNER, Dariusz ROSATI, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan OLBRYCHT, Janusz LEWANDOWSKI, Jarosław KALINOWSKI, Jarosław WAŁĘSA, Julia PITERA, Michał BONI, Róża THUN UND HOHENSTEIN
Against (1) |
Romania PPEFor (10)Against (1) |
Spain PPEFor (12)Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Antonio LÓPEZ-ISTÚRIZ WHITE, Carlos ITURGAIZ, Esteban GONZÁLEZ PONS, Francisco José MILLÁN MON, Francisco de Paula GAMBUS MILLET, Gabriel MATO, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA, Luis de GRANDES PASCUAL, Ramón Luis VALCÁRCEL SISO, Rosa ESTARÀS FERRAGUT, Santiago FISAS AYXELÀ
|
Bulgaria PPEFor (6) |
Hungary PPEFor (9) |
1
|
Portugal PPEFor (6) |
1
|
3
|
5
|
4
|
4
|
3
|
4
|
Czechia PPEAgainst (2) |
3
|
2
|
3
|
1
|
1
|
2
|
Austria PPEFor (4)Against (1) |
3
|
Germany PPEFor (10)Against (16)Abstain (1) |
Sweden PPE |
||
ECR |
58
|
2
|
1
|
1
|
United Kingdom ECRFor (11)Against (2) |
1
|
1
|
3
|
2
|
4
|
1
|
2
|
1
|
2
|
Germany ECRFor (1)Against (5) |
2
|
||||||||||||||
ALDE |
58
|
France ALDEFor (7) |
3
|
Spain ALDEFor (5)Against (1) |
3
|
1
|
1
|
3
|
2
|
1
|
1
|
1
|
4
|
Belgium ALDEFor (4)Against (2) |
1
|
3
|
3
|
1
|
Netherlands ALDEAgainst (6) |
3
|
2
|
|||||||||
ENF |
31
|
France ENFFor (15) |
Italy ENF |
1
|
1
|
4
|
4
|
1
|
||||||||||||||||||||||
GUE/NGL |
38
|
France GUE/NGLAgainst (1) |
2
|
Spain GUE/NGLAgainst (5) |
4
|
1
|
1
|
Greece GUE/NGLAgainst (1) |
2
|
1
|
2
|
Germany GUE/NGLFor (3)Against (1)Abstain (2) |
1
|
|||||||||||||||||
EFDD |
35
|
France EFDDAbstain (1) |
Italy EFDDFor (11) |
1
|
United Kingdom EFDDAgainst (14) |
1
|
1
|
1
|
||||||||||||||||||||||
NI |
16
|
1
|
2
|
1
|
1
|
3
|
Greece NI |
2
|
1
|
1
|
||||||||||||||||||||
Verts/ALE |
44
|
France Verts/ALEFor (4)Against (1) |
1
|
Spain Verts/ALEAgainst (4)Abstain (1) |
1
|
4
|
1
|
2
|
1
|
1
|
1
|
3
|
1
|
2
|
Germany Verts/ALEAgainst (12) |
4
|
A8-0309/2018 - Paolo De Castro - Décision d'engager des négociations interinstitutionnelles #
FR | IT | PL | RO | ES | BG | HU | GB | PT | LT | HR | SI | SK | LV | MT | IE | CZ | BE | EL | LU | EE | CY | ?? | FI | AT | DK | NL | DE | SE | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total |
68
|
53
|
43
|
26
|
44
|
14
|
14
|
53
|
17
|
9
|
8
|
7
|
11
|
6
|
6
|
7
|
17
|
20
|
15
|
6
|
6
|
4
|
2
|
11
|
18
|
5
|
22
|
83
|
19
|
|
S&D |
163
|
Italy S&DFor (24)Andrea COZZOLINO, Brando BENIFEI, Caterina CHINNICI, Damiano ZOFFOLI, Daniele VIOTTI, David Maria SASSOLI, Elena GENTILE, Elly SCHLEIN, Enrico GASBARRA, Flavio ZANONATO, Giuseppe FERRANDINO, Isabella DE MONTE, Luigi MORGANO, Massimo PAOLUCCI, Mercedes BRESSO, Michela GIUFFRIDA, Nicola CAPUTO, Nicola DANTI, Paolo DE CASTRO, Patrizia TOIA, Pier Antonio PANZERI, Renata BRIANO, Roberto GUALTIERI, Sergio Gaetano COFFERATI
|
Poland S&D |
10
|
4
|
3
|
United Kingdom S&DFor (17) |
Portugal S&DFor (6) |
2
|
2
|
1
|
4
|
1
|
3
|
1
|
3
|
4
|
3
|
1
|
1
|
1
|
2
|
Austria S&DFor (2)Abstain (3) |
2
|
3
|
Germany S&DFor (15)Against (8)Abstain (3) |
Sweden S&DAgainst (6) |
|||
PPE |
171
|
France PPEFor (18)Alain CADEC, Alain LAMASSOURE, Angélique DELAHAYE, Anne SANDER, Arnaud DANJEAN, Brice HORTEFEUX, Elisabeth MORIN-CHARTIER, Franck PROUST, Françoise GROSSETÊTE, Geoffroy DIDIER, Jérôme LAVRILLEUX, Marc JOULAUD, Michel DANTIN, Michèle ALLIOT-MARIE, Nadine MORANO, Philippe JUVIN, Rachida DATI, Tokia SAÏFI
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Italy PPEFor (8) |
Poland PPEFor (18)Adam SZEJNFELD, Agnieszka KOZŁOWSKA, Andrzej GRZYB, Barbara KUDRYCKA, Bogdan Andrzej ZDROJEWSKI, Bogdan Brunon WENTA, Czesław Adam SIEKIERSKI, Danuta JAZŁOWIECKA, Danuta Maria HÜBNER, Dariusz ROSATI, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan OLBRYCHT, Janusz LEWANDOWSKI, Jarosław KALINOWSKI, Jarosław WAŁĘSA, Julia PITERA, Michał BONI, Róża THUN UND HOHENSTEIN
Against (1) |
Romania PPEFor (10)Against (1) |
Spain PPEFor (12)Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Antonio LÓPEZ-ISTÚRIZ WHITE, Carlos ITURGAIZ, Esteban GONZÁLEZ PONS, Francisco José MILLÁN MON, Francisco de Paula GAMBUS MILLET, Gabriel MATO, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA, Luis de GRANDES PASCUAL, Ramón Luis VALCÁRCEL SISO, Rosa ESTARÀS FERRAGUT, Santiago FISAS AYXELÀ
|
Bulgaria PPEFor (6) |
Hungary PPEFor (9) |
1
|
Portugal PPEFor (6) |
1
|
3
|
5
|
4
|
4
|
3
|
4
|
Czechia PPEAgainst (2) |
3
|
2
|
3
|
1
|
1
|
2
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Austria PPEFor (4)Against (1) |
3
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Germany PPEFor (10)Against (16)Abstain (1) |
Sweden PPE |
||
ECR |
58
|
2
|
1
|
1
|
United Kingdom ECRFor (11)Against (2) |
1
|
1
|
3
|
2
|
4
|
1
|
2
|
1
|
2
|
Germany ECRFor (1)Against (5) |
2
|
||||||||||||||
ALDE |
59
|
France ALDEFor (7) |
3
|
Spain ALDEFor (6)Against (1) |
3
|
1
|
1
|
3
|
2
|
1
|
1
|
1
|
4
|
Belgium ALDEFor (4)Against (2) |
1
|
3
|
3
|
1
|
Netherlands ALDEAgainst (6) |
3
|
2
|
|||||||||
ENF |
30
|
Italy ENF |
1
|
1
|
4
|
4
|
1
|
|||||||||||||||||||||||
GUE/NGL |
38
|
France GUE/NGLAgainst (1) |
2
|
Spain GUE/NGLAgainst (5) |
4
|
1
|
1
|
Greece GUE/NGLAgainst (1) |
2
|
1
|
2
|
Germany GUE/NGLFor (3)Against (1)Abstain (2) |
1
|
|||||||||||||||||
EFDD |
35
|
France EFDDAbstain (1) |
Italy EFDDFor (11) |
1
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United Kingdom EFDDAgainst (14) |
1
|
1
|
1
|
||||||||||||||||||||||
NI |
16
|
1
|
2
|
1
|
1
|
3
|
Greece NI |
2
|
1
|
1
|
||||||||||||||||||||
Verts/ALE |
44
|
France Verts/ALEFor (4)Against (1) |
1
|
Spain Verts/ALEAgainst (4)Abstain (1) |
1
|
4
|
1
|
2
|
1
|
1
|
1
|
3
|
1
|
2
|
Germany Verts/ALEAgainst (12) |
4
|
A8-0309/2018 - Paolo De Castro - Am 142 12/03/2019 12:51:58.000 #
Amendments | Dossier |
919 |
2018/0082(COD)
2018/07/20
IMCO
870 amendments...
Amendment 100 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to
Amendment 100 #
Proposal for a directive Recital 9 (9) The relevant rules should apply to all business
Amendment 101 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to certain unfair trading practices which occur in relation to the sales of food products
Amendment 101 #
Proposal for a directive Recital 9 (9) The relevant rules should apply to business conduct by
Amendment 102 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to certain unfair trading practices which occur in relation to the sales of agricultural or food products by a supplier that is a small and medium-sized or mid-cap enterprise to a buyer that is not a small and medium-sized enterprise.
Amendment 102 #
Proposal for a directive Recital 9 (9) The relevant rules should apply to business conduct by larger
Amendment 103 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to certain unfair trading practices which occur in relation to the sales of agricultural and food products by a supplier t
Amendment 103 #
Proposal for a directive Recital 9 (9) The relevant rules should apply to business conduct by larger, that is to say non-small
Amendment 104 #
Proposal for a directive 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 or mid-cap enterprise to a buyer that is not a small and medium-sized enterprise.
Amendment 104 #
Proposal for a directive Recital 9 (9) The relevant rules should apply to business conduct by larger, that is to say non-small and medium-sized, operators in the food supply chain as they are the ones who normally possess stronger relative bargaining power when trading with
Amendment 105 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to certain unfair trading practices which occur in relation to the sales of agricultural and food products by a supplier t
Amendment 105 #
Proposal for a directive Recital 9 (9) The relevant rules should apply to business conduct by larger, that is to say non-small and medium-sized, operators and cooperatives in the food supply chain as they are the ones who normally possess stronger relative bargaining power when trading with small and medium-sized suppliers.
Amendment 106 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to certain widespread 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 enterprise.
Amendment 106 #
Proposal for a directive Recital 9 (9) The relevant rules should apply to business conduct by larger, that is to say non-small and medium-sized, operators in the agricultural and food supply chain as they are the ones who normally possess stronger relative bargaining power when trading with small and medium-sized suppliers.
Amendment 107 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to certain unfair trading practices which occur in relation to the sales of food products
Amendment 107 #
Proposal for a directive 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 regime.
Amendment 108 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to
Amendment 108 #
Proposal for a directive 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
Amendment 109 #
Proposal for a directive Article 1 – paragraph 2 a (new) 2a. This Directive shall not apply to product deliveries made to agricultural cooperatives and other associated entities by their members, provided that they are compulsory according to their organization's rules.
Amendment 109 #
Proposal for a directive 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 regime. Member States should not be precluded from adopting and applying on their territory stricter national laws protecting
Amendment 110 #
Proposal for a directive Article 1 – paragraph 3 3. This Directive shall apply to supply a
Amendment 110 #
Proposal for a directive Recital 10 Amendment 111 #
Proposal for a directive Article 1 – paragraph 3 3. This Directive shall apply to
Amendment 111 #
Proposal for a directive 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 regime. Member States should not be precluded from adopting and applying on their territory stricter national laws protecting
Amendment 112 #
Proposal for a directive Article 1 – paragraph 3 a (new) 3a. Member States may, in accordance with Article 8, provide for rules that go beyond the provisions of this Article.
Amendment 112 #
Proposal for a directive 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 regime. Member States should not be precluded from adopting and applying on their territory stricter national laws protecting
Amendment 113 #
Proposal for a directive Article 2 – paragraph 1 – point a (a) “buyer” means any natural or legal person
Amendment 113 #
Proposal for a directive Recital 10 Amendment 114 #
Proposal for a directive Article 2 – paragraph 1 – point a (a) “buyer” means any natural or legal person
Amendment 114 #
Proposal for a directive 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 regime. Member States should not be precluded from adopting and applying on their territory stricter national laws protecting
Amendment 115 #
Proposal for a directive Article 2 – paragraph 1 – point a (a) “buyer” means any natural or legal person
Amendment 115 #
Proposal for a directive 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 regime. 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 agricultural and food supply chain, subject to the limits of Union law applicable to the functioning of the internal market.
Amendment 116 #
Proposal for a directive Article 2 – paragraph 1 – point a (a) “buyer” means any natural or legal person
Amendment 116 #
Proposal for a directive Recital 10 a (new) (10a) Given that national laws vary, the position of agricultural producers and producer organisations in the chain should be protected by giving them the possibility, in the event of a trade negotiation involving their agricultural products and an entity from another country, to choose the legal system that will give them the most favourable conditions.
Amendment 117 #
Proposal for a directive Article 2 – paragraph 1 – point a (a) “buyer” means any natural or legal person
Amendment 117 #
Proposal for a directive Recital 11 (11) As unfair trading practices may occur at any stage of the sale of an agricultural and food product, i.e. before, during or after a sales transaction, or in connection with the provision of services related to that product by the buyer or group of buyers to the supplier, Member States should ensure that the provisions of this Directive should apply to such practices whenever they occur.
Amendment 118 #
Proposal for a directive Article 2 – paragraph 1 – point a (a) “buyer” means a
Amendment 118 #
Proposal for a directive Recital 11 (11) As unfair trading practices may occur at any stage of the sale of an agricultural or food product, i.e. before, during or after a sales transaction, or in connection with the provision of sales- related services by the buyer to the supplier, Member States should ensure that the provisions of this Directive should apply to such practices whenever they occur.
Amendment 119 #
Proposal for a directive Article 2 – paragraph 1 – point b (b) “supplier” means any agricultural
Amendment 119 #
Proposal for a directive Recital 11 (11) As unfair trading practices may occur at any stage of the sale of a food product, i.e. before, during or after a sales transaction, in relation to the provision of services by the buyer, or group of buyers, to the supplier, Member States should ensure that the provisions of this Directive should apply to such practices whenever they occur.
Amendment 120 #
Proposal for a directive Article 2 – paragraph 1 – point b (b) “supplier” means any agricultural producer or any natural or legal person, irrespective of their place of establishment, who sells agricultural or food products. The term “supplier” may include a group of such agricultural producers or such natural and legal persons, including producer organisations and associations of producer organisations;
Amendment 120 #
Proposal for a directive Recital 11 (11) As unfair trading practices may occur at any stage of the sale of a food product, i.e. before, during or after a sales transaction, or in connection with the provision of services by the buyer to the supplier, Member States should ensure that the provisions of this Directive should apply to such practices whenever they occur.
Amendment 121 #
Proposal for a directive Article 2 – paragraph 1 – point b (b) “supplier” means any agricultural producer or any natural or legal person
Amendment 121 #
Proposal for a directive Recital 11 (11) As unfair trading practices may occur at any stage of the sale of an agricultural or food product, i.e. before, during or after a sales transaction, Member States should ensure that the provisions of this Directive should apply to such practices whenever they occur.
Amendment 122 #
Proposal for a directive Article 2 – paragraph 1 – point b (b) “supplier” means any agricultural producer or any natural or legal person,
Amendment 122 #
Proposal for a directive 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.
Amendment 123 #
Proposal for a directive Article 2 – paragraph 1 – point b a (new) (ba) “food procurement contract” means a contract in which one party commits to provide the other party with food or food products and the aforementioned food inputs, for a certain price, whether this be an isolated sale or on-going supply;
Amendment 123 #
Proposal for a directive 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 trading practices that are unfair by their very nature and should not be left to the parties' contractual freedom from those that are foreseen in clear and unambiguous terms in supply agreements between parties
Amendment 124 #
Proposal for a directive Article 2 – paragraph 1 – point b b (new) (bb) "economic dependence" occurs when, in a relationship between supplier and buyer, the total sum for which the supplier invoiced the buyer accounts for at least 30% of supplier turnover during the previous year;
Amendment 124 #
Proposal for a directive 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, and which do not result from the unfair exercise of bargaining power or from the exploitation of an economic dependence, from practices that occur after the transaction has started without being agreed in advance in clear and unambiguous terms, so that only unilateral
Amendment 125 #
Proposal for a directive Article 2 – paragraph 1 – point c Amendment 125 #
Proposal for a directive Recital 12 Amendment 126 #
Proposal for a directive Article 2 – paragraph 1 – point c Amendment 126 #
Proposal for a directive 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. 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. In addition, suppliers should not be put under duress when agreeing to a supply agreement.
Amendment 127 #
Proposal for a directive Article 2 – paragraph 1 – point c Amendment 127 #
Proposal for a directive 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, in particular, only unilateral and retrospective changes to those relevant terms of the supply agreement are prohibited. 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 128 #
Proposal for a directive Article 2 – paragraph 1 – point c a (new) (ca) "mid-cap enterprise" means an enterprise or a Producer Organisation, cooperative or Association of Producer Organisations with a medium-sized structure, a high capital ratio and a staff headcount of up to 3000 employees;
Amendment 128 #
Proposal for a directive 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
Amendment 129 #
Proposal for a directive Article 2 – paragraph 1 – point d (d) “agricultural or food products” means products listed in Annex I to the Treaty intended for use as food
Amendment 129 #
Proposal for a directive Recital 12 a (new) (12 a) The use of written contracts in the agricultural and food supply chain may help to reinforce the responsibility of operators and avoid certain unfair commercial practices, as well as to increase the awareness of the need to better take into account the signals of the market, to improve price transmission and to adapt supply to demand. In order to incentivise the use of such contracts suppliers, or their associations, should have the right to request a written contract. However, in order to guarantee a level playing field within the European Union, individual Member States may not decide the use of written contracts to be mandatory.
Amendment 130 #
Proposal for a directive Article 2 – paragraph 1 – point d (d) “agricultural and food products” means products listed in Annex I to the Treaty intended for use as food as well as products not listed in that Annex, but processed from those products for use as food;
Amendment 130 #
Proposal for a directive Recital 12 a (new) (12 a) A supplier should be able to require that their trading arrangement with the buyer in agricultural and food chain such as delivery of products be subject to a written contract with all the relevant aspects of the trading arrangement including elements according to Articles 148(1a) and 168(1a) of Regulation No (EU) 1308/2013.
Amendment 131 #
Proposal for a directive Article 2 – paragraph 1 – point d (d) “food products” means food products
Amendment 131 #
Proposal for a directive Recital 12 a (new) (12a) Grapes and musts for wine production are covered by the definition of a perishable foodstuff and fall within the scope of the Directive. However, these grapes are to be processed, and transactions on the final product occur much later - often several years after the first transaction. In such circumstances, it should be made possible for interprofessional agreements to derogate from the perishable foodstuffs payment deadlines for for these grapes.
Amendment 132 #
Proposal for a directive Article 2 – paragraph 1 – point d a (new) (da) “agricultural products” means products listed in Annex I to the Treaty and their processing products as well as products not listed in that Annex, but processed from those products for use as food;
Amendment 132 #
Proposal for a directive Recital 12 b (new) (12b) Grapes and musts for wine production are covered by the definition of a perishable foodstuff and fall within the scope of the Directive. However, these grapes are to be processed, and transactions on the final product occur much later - often several years after the first transaction. Having regard to that fact, the definition of a foodstuff should be clarified further to exclude grapes for winemaking from the scope of the Directive.
Amendment 133 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) “perishable agricultural and food products” means fresh agricultural and food products that will become unfit for proper use or human consumption, in particular as a result of the product’s microbiological instability, unless they are stored, treated, packaged or otherwise conserved to prevent them from becoming unfit.
Amendment 133 #
Proposal for a directive Recital 12 a (new) (12 a) Nutrition labelling schemes unilaterally imposed by buyers on suppliers, which do not provide the consumers with comprehensive information, may discriminate between producers and mislead consumers in their choice of products. The imposition of such schemes may be considered as falling under the definition of unfair trading practice.
Amendment 134 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) “perishable agricultural or food products” means fresh agricultural or food products that will become unfit for human consumption or intended use unless they are stored, treated, packaged or otherwise conserved to prevent them from becoming unfit.
Amendment 134 #
Proposal for a directive Recital 12 a (new) (12 a) The practice of being able to amend contracts must be established. If it can be substantiated that a contracting party is in a critical situation for external market reasons, deviation from the terms of the contract is permissible by mutual agreement. The parameters and conditions governing any deviation from the terms of the contract must be recorded in the contract. However, because of sudden, unforeseeable changes in the market, the procedure for dealing with instances of vis major also needs to be determined.
Amendment 135 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) “perishable agricultural and food products” means
Amendment 135 #
Proposal for a directive Recital 12 b (new) (12 b) The Member States must draw up common model contracts. These would help market operators to determine the requisite contractual frameworks.
Amendment 136 #
Proposal for a directive Article 2 – paragraph 1 – point e a (new) (ea) “unfair trading practice” means any practice which grossly deviates from good commercial conduct, is contrary to good faith and fair practice and is unilaterally imposed by one trading partner upon another, occurring when an enterprise: - unfairly shifts its own costs or entrepreneurial risks to the other party; - submits or attempts to subject a trading partner to obligations that create a significant imbalance in the rights and obligations of the parties before, during or after the performance of the contract; - obtains or attempts to obtain, under threat of total or partial termination of contractual relations, manifestly unreasonable conditions concerning prices, payment terms, terms of sale or services not covered by the purchase obligations and sales.
Amendment 136 #
Proposal for a directive Recital 13 (13) In order to ensure an effective enforcement of the prohibitions laid down in this Directive, Member States should designate an authority that is entrusted with their enforcement. The authority should be able to act either on its own initiative or by way of complaints by parties affected by unfair trading practices in the agricultural and food supply chain. Whenever
Amendment 137 #
Proposal for a directive Article 2 – paragraph 1 – point e a (new) (ea) "unfair trading practices” means practices that: - grossly deviate from good and fair commercial conduct, are in contrary to good faith and fair dealing and are unilaterally imposed by a buyer on a supplier; - impose or attempt to impose an unjustified and disproportionate transfer of a buyer’s economic risk to the supplier; or - impose or attempt to impose a significant imbalance of rights and obligations on the supplier in the commercial relationship before, during or after the contract.
Amendment 137 #
Proposal for a directive Recital 13 (13) In order to ensure an effective enforcement of the prohibitions laid down in this Directive, Member States should designate an authority that is entrusted with their enforcement. The authority should be able to act either on its own initiative or by way of complaints by parties affected by unfair trading practices in the agri-food supply chain. Whenever
Amendment 138 #
Proposal for a directive 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 138 #
Proposal for a directive Recital 13 (13) In order to ensure an effective enforcement of the prohibitions laid down in this Directive, Member States should designate an authority that is entrusted with their enforcement. The authority should be able to act either on its own initiative or by way of complaints by parties affected by unfair trading practices in the agriculture and food supply chain. Where a complainant requests that his identity remain confidential because of fear of retaliation, the enforcement authorities of the Member States should honour such a request in accordance with national law.
Amendment 139 #
Proposal for a directive Article 2 – paragraph 1 – point e a (new) (ea) "widespread unfair trading practices" mean 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 its counterparty, and that are widely recognized as such in at least ten Member States.
Amendment 139 #
Proposal for a directive Recital 13 (13) In order to ensure an effective enforcement of the prohibitions laid down in this Directive, Member States should designate an authority that is entrusted with their enforcement. The authority should be able to act either on its own initiative or by way of complaints by parties affected by unfair trading practices in the agricultural and food supply chain. Where a complainant requests that his identity remain confidential because of fear of retaliation, the enforcement authorities of the Member States should
Amendment 140 #
Proposal for a directive Article 2 – paragraph 1 – point e a (new) (ea) “perishable agricultural products” means agricultural products listed in Annex I to the Treaty that will become unfit for human consumption unless they are stored, treated, packaged or otherwise conserved to prevent them from becoming unfit.
Amendment 140 #
Proposal for a directive Recital 13 (13) In order to ensure an effective enforcement of the prohibitions laid down in this Directive, Member States should designate an authority that is entrusted with their enforcement. The authority should be able to act either on its own initiative or by way of complaints by parties affected by unfair trading practices in the food supply chain. Where a complainant requests that his identity remain confidential because of fear of retaliation, the enforcement authorities of the Member States
Amendment 141 #
Proposal for a directive Article 2 – paragraph 1 – point e a (new) (ea) "unfair trading practice" means any commercial practice that is contrary to good faith and good commercial conduct, and which is unilaterally imposed by one trading partner on another.
Amendment 141 #
Proposal for a directive Recital 13 a (new) (13a) When an unfair practice is carried out in a State other than the one in which the farmer or producer organisation conducts their business, the complaint may still be lodged with the authority in the complainant's country.
Amendment 142 #
Proposal for a directive Article 2 – paragraph 1 – point e a (new) (ea) "mid-cap enterprise" means an enterprise with a medium-sized structure and a staff headcount of no more than 3000 employees;
Amendment 142 #
Proposal for a directive Recital 13 a (new) (13 a) In order to ensure an effective enforcement of the prohibition of unfair trading practices, the designated enforcement authorities should dispose of all necessary resources, staff and expertise.
Amendment 143 #
Proposal for a directive Article 2 – paragraph 1 – point e b (new) (eb) “supply agreement” means a written agreement between a supplier and a buyer that clearly and transparently covers the relevant elements of the commercial agreement, including the names of the parties, their rights and obligations, price, duration, terms of delivery, terms of payment, as well as the cause, the execution of the contract and the effect of terminating the contract.
Amendment 143 #
Proposal for a directive Recital 14 (14) Complaints by producer organisations or associations of such organisations or organisations with knowledge of trading practices in supply chains can serve to protect the identity of individual members of the organisation who are
Amendment 144 #
Proposal for a directive Article 2 a (new) Amendment 144 #
Proposal for a directive Recital 14 (14) Complaints by producer organisations or associations of such organisations or organizations with knowledge of trading practices in the supply chain can serve to protect the identity of individual members of the organisation who are small and medium- sized suppliers and consider themselves exposed to 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 145 #
Proposal for a directive Article 3 – title Prohibition of widespread unfair trading practices
Amendment 145 #
Proposal for a directive Recital 14 (14) Complaints by producer organisations or associations of such organisations, as well as by organisations working with producers or with a proven expertise on trading practices in food supply chains, including non- governmental and civil society 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 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 146 #
Proposal for a directive Article 3 – paragraph 1 – introductory part 1. Member States shall ensure that
Amendment 146 #
Proposal for a directive Recital 14 Amendment 147 #
Proposal for a directive Article 3 – paragraph 1 – introductory part 1. Member States shall ensure that the following trading practices for perishable agricultural or food products are prohibited:
Amendment 147 #
Proposal for a directive Recital 14 (14) Complaints by producer organisations or associations of such organisations can serve to protect the identity of individual members of the organisation
Amendment 148 #
Proposal for a directive Article 3 – paragraph 1 – introductory part 1. Member States shall ensure that the following trading practices
Amendment 148 #
Proposal for a directive 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
Amendment 149 #
Proposal for a directive Article 3 – paragraph 1 – point a – introductory part (a) a buyer pays a supplier for perishable food products later than 30 calendar days after the receipt of the supplier’s invoice or later than 30 calendar days after the date of the contractually- agreed delivery of the perishable food products, whichever is the later. This prohibition shall be without prejudice:
Amendment 149 #
Proposal for a directive Recital 14 (14) Complaints by producer or supplier organisations or associations of such organisations, including representative organizations, can serve to protect the identity of individual members of the organisation who are small and medium- sized suppliers and consider themselves exposed to 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 150 #
Proposal for a directive Article 3 – paragraph 1 – point a – introductory part (a) a buyer pays a supplier for perishable agricultural or food products later than 30 calendar days after the receipt of the supplier’s invoice or later than 30 calendar days after the date of delivery of the perishable food products, whichever is the later. This prohibition shall be without prejudice:
Amendment 150 #
Proposal for a directive 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 cooperatives and consider themselves exposed to 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 151 #
Proposal for a directive Article 3 – paragraph 1 – point a a (new) (aa) a buyer pays a supplier for non- perishable food products more than 60 calendar days after the receipt of the supplier's invoice or more than 60 calendar days after the date of the delivery of the non-perishable food products, if this date is later. This prohibition shall be without prejudice: - to the consequences of late payments and remedies as laid down in Directive 2011/7/EU; - to the option of a buyer and a supplier to agree on a value sharing clause within the meaning of Article 172 of Regulation (EU) No 1308/2013;
Amendment 151 #
Proposal for a directive Recital 14 (14) Complaints by producer organisations or associations of such organisations can serve to protect the identity of individual members of the organisation or of family farms, who are small and medium-
Amendment 152 #
Proposal for a directive Article 3 – paragraph 1 – point a a (new) (aa) an operator sells food or food products below cost. This practice exists when the price applied to a food product is lower than the purchase price as per the invoice, less the proportional part of the discounts included in the invoice, or the actual cost of production if the good was produced by the seller itself, plus the indirect taxes charged on the transaction;
Amendment 152 #
Proposal for a directive 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 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. Any damages paid at the end of such procedures shall go to the member who initiated the complaint.
Amendment 153 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) a buyer unilaterally cancels orders of perishable food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products at the same value;
Amendment 153 #
Proposal for a directive 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 154 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) a buyer cancels orders of perishable agricultural or food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products;
Amendment 154 #
Proposal for a directive Recital 14 a (new) (14 a) 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 155 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) a buyer cancels unilaterally orders of perishable food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products;
Amendment 155 #
Proposal for a directive Recital 15 (15) The enforcement authorities of the Member States should have the necessary powers that enable them to effectively gather any factual information by way of information requests. They should have the power to order the termination of a prohibited practice, where applicable. The existence of a deterrent, such as the power to impose fines and the publication of investigation results, can encourage behavioural change and pre-litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities. The Commission and the enforcement authorities of the Member States should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this Directive. In particular, the enforcement authorities should provide each other mutual assistance, for example by sharing information and assisting in investigations which have a cross-border dimension. There is a need for joint EU- level recording and regular publication on a public website of market operators which employ unfair trading practices, as well as of investigation results.
Amendment 156 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) a buyer cancels unilaterally orders of perishable food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products;
Amendment 156 #
Proposal for a directive Recital 15 (15) The enforcement authorities of the Member States should have the necessary powers that enable them to effectively gather any factual information by way of information requests. They should have the power to order the termination of a prohibited practice, where applicable.
Amendment 157 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) a buyer cancels unilaterally orders of perishable food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products;
Amendment 157 #
Proposal for a directive Recital 15 (15) The enforcement authorities of the Member States should have the necessary powers that enable them to effectively gather any factual information by way of information requests. They should
Amendment 158 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) a buyer unilaterally and retroactively changes the terms of the supply agreement concerning the frequency, timing or volume of the supply or delivery, the quality standards or the prices of the food products or the terms of payment;
Amendment 158 #
Proposal for a directive Recital 15 (15) The enforcement authorities of the Member States should have the necessary powers that enable them to
Amendment 159 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) a buyer unilaterally and retroactively changes the terms of the supply agreement concerning the frequency, timing or volume of the supply or delivery, the quality standards or the prices of the agricultural or food products;
Amendment 159 #
Proposal for a directive Recital 15 (15) The enforcement authorities of the Member States should have the necessary powers that enable them to effectively gather any factual information by way of information requests. They should
Amendment 160 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) a buyer unilaterally
Amendment 160 #
Proposal for a directive Recital 15 (15) The enforcement authorities of the Member States should have the necessary powers that enable them to effectively gather any factual information by way of information requests.
Amendment 161 #
Proposal for a directive Article 3 – paragraph 1 – point d Amendment 161 #
Proposal for a directive Recital 15 (15) The enforcement authorities of the Member States should have the necessary powers that enable them to effectively gather any factual information by way of information requests or by undertaking on-site inspections. They should have the power to order the termination of a prohibited practice, where applicable. The existence of a deterrent, such as the power to impose fines and the publication of investigation results, can encourage behavioural change and pre-litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities. The Commission and the enforcement authorities of the Member States should coo
Amendment 162 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) a supplier pays for the wastage of agricultural or food products that occurs once the product has passed into the buyer
Amendment 162 #
Proposal for a directive Recital 15 (15) The enforcement authorities of the Member States should have the necessary powers that enable them to effectively gather any factual information by way of information requests. They should
Amendment 163 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) a supplier pays for the wastage of food products that were delivered in due time and at the agreed quality that occurs on the buyer's premises and that is not caused by the negligence or fault of the supplier
Amendment 163 #
Proposal for a directive Recital 15 a (new) (15 a) The exercise of the powers conferred by this Directive on enforcement authorities should be subject to appropriate safeguards which meet the standards of general principles of Union law and the Charter of Fundamental Rights of the European Union, in accordance with the case law of the Court of Justice of the European Union;
Amendment 164 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) a supplier pays for the wastage of food products that occurs after the product has passed into
Amendment 164 #
Proposal for a directive Recital 15 a (new) (15 a) There is also a need to establish an EU-level authority or broaden the scope of an existing authority to conduct dispute-settlement proceedings which cannot be dealt with at Member-State level.
Amendment 165 #
Proposal for a directive Article 3 – paragraph 1 – point d a (new) (da) failure by the buyer to provide detailed and unambiguous information to the supplier on all contractual provisions;
Amendment 165 #
Proposal for a directive Recital 15 a (new) (15a) The enforcement authorities must apply dissuasive and proportionate penalties on those who violate the rules laid down in this Directive. Repeated violations of the rules by a commercial entity must be taken into account when determining the penalty.
Amendment 166 #
Proposal for a directive Article 3 – paragraph 1 – point d a (new) (da) a buyer of agricultural products or food products fails to provide the supplier with the supply agreement in written form, including sufficiently detailed and unambiguous information on the contractual terms and conditions of the purchase of agricultural or food products and the general conditions of sale;
Amendment 166 #
Proposal for a directive Recital 16 (16) To
Amendment 167 #
Proposal for a directive 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 167 #
Proposal for a directive Recital 16 (16) To facilitate effective enforcement, the Commission should
Amendment 168 #
Proposal for a directive Article 3 – paragraph 1 – point d a (new) (da) the buyer discloses to a third party the content of the supply contract or trade secrets which have been shared with it by the supplier;
Amendment 168 #
Proposal for a directive Recital 16 (16) To facilitate effective enforcement, the Commission should help organis
Amendment 169 #
Proposal for a directive Article 3 – paragraph 1 – point d a (new) (da) a buyer imposes or attempts to impose an unjustified or disproportionate transfer of the buyer's economic risks to the supplier;
Amendment 169 #
Proposal for a directive Recital 16 (16) To facilitate effective enforcement, the Commission should help organise meetings between the enforcement authorities of the Member States where best practices can be exchanged and relevant information can be shared. The Commission should establish and manage a website and make it accessible to Member States to facilitate those exchanges.
Amendment 170 #
Proposal for a directive Article 3 – paragraph 1 – point d a (new) (da) granting only to one party to the contract the right to terminate the contract or the right to withdraw from it;
Amendment 170 #
Proposal for a directive Recital 17 (17) The rules laid down in this Directive should not impair the possibility for the Member States to maintain existing rules that are further-reaching or to adopt such rules in the future, subject to the limits of Union law applicable to the functioning of the internal market, in particular the principles of the free circulation of goods and services, freedom of establishment, non-distrimination and access to an impartial and independent judicial review. The rules would apply alongside voluntary governance measures.
Amendment 171 #
Proposal for a directive 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 171 #
Proposal for a directive Recital 19 (19) In the interest of an effective implementation of the policy in respect of unfair trading practices in business-to- business relationships in the food supply chain, the Commission should review the application of this Directive and submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
Amendment 172 #
Proposal for a directive Article 3 – paragraph 1 – point d b (new) (db) unjustified termination of the contract, or threatening to terminate the contract.
Amendment 172 #
Proposal for a directive Recital 19 (19) In the interest of an effective implementation of the policy in respect of unfair trading practices in business-to- business relationships in the food supply
Amendment 173 #
Proposal for a directive Article 3 – paragraph 1 – point d b (new) (db) the buyer's conditioning of the signing of the commercial agreement on the payment of annual fees, and their retroactive application;
Amendment 173 #
Proposal for a directive Recital 19 Amendment 174 #
Proposal for a directive Article 3 – paragraph 1 – point d b (new) (db) the buyer does not inform the supplier of its intention to give a differentiated treatment to the supplier's products in relation to other competing brands owned or managed by the buyer itself, in terms of listing, store-space and commercial margins;
Amendment 174 #
Proposal for a directive Recital 19 (19) In the interest of an effective implementation of the policy in respect of unfair trading practices in business-to- business relationships in the food supply chain, the Commission should review the application of this Directive and submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The review should also pay particular attention to whether protection of small and medium-sized buyers of food products in the supply chain – in addition to the protection of small and medium sized suppliers – in the future would be justified
Amendment 175 #
Proposal for a directive 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 175 #
Proposal for a directive Recital 19 (19) In the interest of an effective implementation of the policy in respect of unfair trading practices in business-to- business relationships in the agricultural and food supply chain, the Commission should review the application of this Directive and submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The review should also pay particular attention to whether protection of
Amendment 176 #
Proposal for a directive Article 3 – paragraph 1 – point d b (new) (db) a buyer imposes or attempts to impose on the supplier a significant imbalance of rights and obligations in the commercial relationship before, during or after the contract;
Amendment 176 #
Proposal for a directive Recital 19 (19) In the interest of an effective implementation of the policy in respect of unfair trading practices in business-to- business relationships in the food supply chain, the Commission should review the application of this Directive and submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The review should also pay particular attention to whether protection of small and medium-sized buyers of food products in the supply chain – in addition to the protection of
Amendment 177 #
Proposal for a directive Article 3 – paragraph 1 – point d b (new) (db) a buyer sells certain products below purchase cost to stimulate the sales of other products (“loss leader”);
Amendment 177 #
Proposal for a directive Recital 19 (19) In the interest of an effective implementation of the policy in respect of unfair trading practices in business-to- business relationships in the food supply chain, the Commission should review the application of this Directive and submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The review should also pay particular attention to whether protection of small and medium-sized buyers of food products in the supply chain – in addition to the protection of small and medium sized suppliers and cooperatives – in the future would be justified,
Amendment 178 #
Proposal for a directive Article 3 – paragraph 1 – point d c (new) (dc) transfering transportation and storage costs to the supplier;
Amendment 178 #
Proposal for a directive Recital 19 a (new) (19) whereas the terms 'buyers' and 'suppliers' should not be used, since the Directive applies to all operators in the food supply chain and infringements can take place in both directions; the use of the terms 'injured party' and 'infringing party' is suggested instead;
Amendment 179 #
Proposal for a directive Article 3 – paragraph 1 – point d c (new) (dc) the buyer fails to inform the seller about its intention to undertake promotional or commercial activities which might be detrimental to the reputation of products bearing a geographical indication under Regulation (EU) 1151/2012, Regulation (EU) 110/2008 or Regulation (EU) 251/2014.
Amendment 179 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive establishes a minimum list of prohibited unfair trading practices between buyers and suppliers, such as producers, producer organisations, cooperatives and associations of producer organisations, in the food supply chain and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities.
Amendment 180 #
Proposal for a directive Article 3 – paragraph 1 – point d c (new) (dc) a buyer uses the argument of products not meeting cosmetic specifications inconsistently as a reason to cancel or reduce the terms of the supply agreement;
Amendment 180 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive establishes a minimum list of prohibited unfair trading practices between buyers and suppliers in the
Amendment 181 #
Proposal for a directive Article 3 – paragraph 1 – point d c (new) (dc) a buyer unilaterally transfers sales risk to the supplier;
Amendment 181 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive establishes a minimum list of prohibited unfair trading practices between buyers and suppliers in the agricultural and food supply chain and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities.
Amendment 182 #
Proposal for a directive Article 3 – paragraph 1 – point d d (new) (dd) the obligation established by the buyer for the supplier to deliver the products only to the supplier's platforms;
Amendment 182 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive establishes a
Amendment 183 #
Proposal for a directive Article 3 – paragraph 1 – point d d (new) (dd) a buyer uses overly strict ‘minimum life on receipt criteria’ in order to reject a previously agreed order, or to reject an order that was previously accepted but for reasons unrelated to the supplier has not been processed quickly enough;
Amendment 183 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive establishes a
Amendment 184 #
Proposal for a directive Article 3 – paragraph 1 – point d d (new) (dd) a buyer demands payment from a supplier for offering the supplier’s products;
Amendment 184 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive establishes a
Amendment 185 #
Proposal for a directive Article 3 – paragraph 1 – point d e (new) (de) the obligation established by the buyer for the supplier to reduce the price of agricultural or food products, if the buyer suspects that the producer has reduced the price to another distribution network, in contravention of Article 101 TFEU;
Amendment 185 #
Proposal for a directive Article 1 – paragraph 1 Amendment 186 #
Proposal for a directive Article 3 – paragraph 1 – point d e (new) (de) a buyer requires a supplier to bear the financial costs of inaccurate forecasting provided by the buyer in order for the supplier to plan their production to meet forecasted orders.
Amendment 186 #
Proposal for a directive Article premier – paragraph 1 a (new) 1a. This directive gives Member States the right, where relevant, to establish a list of contentious but permitted practices that may be foreseen in clear and unambiguous terms in supply agreements between the parties.
Amendment 187 #
Proposal for a directive Article 3 – paragraph 1 – point d e (new) (de) a buyer subsequently demands payments without any return services;
Amendment 187 #
Proposal for a directive Article premier – paragraph 2 2. This Directive applies to
Amendment 188 #
Proposal for a directive Article 3 – paragraph 1 – point d f (new) (df) the obligation established by the buyer for the supplier to pay personnel with attributions in arranging sales areas, manipulating or selling agricultural or food products;
Amendment 188 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to certain unfair trading practices which occur
Amendment 189 #
Proposal for a directive Article 3 – paragraph 1 – point d f (new) (df) a buyer threatens, directly or indirectly, to cancel a supplier's products from listing if the supplier does not comply with the buyer's demands for price reduction;
Amendment 189 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to certain unfair trading practices which occur in relation to the sales of agricultural and food products by a supplier t
Amendment 190 #
Proposal for a directive Article 3 – paragraph 1 – point d g (new) (dg) establishing an obligation from the buyer to the supplier to cover logistical fees and various commissions through the following terms: risturns, monthly draw, discount for efficiency in acquisition, subsequent discount and new discount, which is transposed in the self-invoicing process at the end of each month.
Amendment 190 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to
Amendment 191 #
Proposal for a directive Article 3 – paragraph 1 – point d g (new) (dg) a buyer demands payment without any counter-performance;
Amendment 191 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive appl
Amendment 192 #
Proposal for a directive Article 3 – paragraph 1 – point d h (new) (dh) a buyer returns unsold food products to a supplier at the supplier's expense and without payment.
Amendment 192 #
Proposal for a directive 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 t
Amendment 193 #
Proposal for a directive Article 3 – paragraph 1 a (new) 1a. These practices shall be prohibited without prejudice to the possibility for a supplier to offer proactively a longer payment deadline in accordance with Directive 2011/7/EU.
Amendment 193 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive shall appl
Amendment 194 #
Proposal for a directive Article 3 – paragraph 1 a (new) Amendment 194 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to certain unfair trading practices which occur in relation to the sales of agri-food products by a supplier t
Amendment 195 #
Proposal for a directive 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 195 #
Proposal for a directive 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 t
Amendment 196 #
Proposal for a directive 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 196 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive shall apply applies to certain unfair trading practices which occur in relation to the sales of agri-food products by a supplier t
Amendment 197 #
Proposal for a directive 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 197 #
Proposal for a directive 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
Amendment 198 #
Proposal for a directive 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 198 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to certain unfair trading practices which occur in relation to the
Amendment 199 #
Proposal for a directive Article 3 – paragraph 2 – introductory part 2. Member States shall ensure that the
Amendment 199 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to certain unfair trading practices which occur in relation to the sales of agri-food products
Amendment 200 #
Proposal for a directive Article 3 – paragraph 2 – introductory part 2. Member States shall ensure that the following trading practices
Amendment 200 #
Proposal for a directive 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
Amendment 201 #
Proposal for a directive 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 by the contracting parties at the conclusion of the supply agreement:
Amendment 201 #
Proposal for a directive Article premier – paragraph 2 2. This Directive applies to
Amendment 202 #
Proposal for a directive 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
Amendment 202 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to certain unfair trading practices which occur in relation to the sales of food products
Amendment 203 #
Proposal for a directive Article 3 – paragraph 2 – introductory part 2. Member States shall ensure that the following trading practices are prohibited, if they are not agreed
Amendment 203 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to certain unfair trading practices which occur in relation to the sales of
Amendment 204 #
Proposal for a directive Article 3 – paragraph 2 – point a Amendment 204 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to
Amendment 205 #
Proposal for a directive Article 3 – paragraph 2 – point a (a) a buyer returns unsold agricultural or food products to a supplier;
Amendment 205 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to certain unfair trading practices which occur in relation to the sales of
Amendment 206 #
Proposal for a directive Article 3 – paragraph 2 – point b Amendment 206 #
Proposal for a directive Article 1.º – paragraph 2 2. This Directive applies to certain unfair trading practices which occur in relation to the sales of
Amendment 207 #
Proposal for a directive Article 3 – paragraph 2 – point b (b) a buyer charges a supplier payment as a condition for the stocking, displaying or listing agricultural or food products of the supplier;
Amendment 207 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to certain unfair trading practices which occur in relation to the sales of agricultural and food products by a supplier t
Amendment 208 #
Proposal for a directive Article 3 – paragraph 2 – point c Amendment 208 #
Proposal for a directive Article premier – paragraph 2 2. This Directive applies to certain unfair trading practices which occur in relation to the sales of
Amendment 209 #
Proposal for a directive 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 209 #
Proposal for a directive 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
Amendment 210 #
Proposal for a directive Article 3 – paragraph 2 – point c (c) a supplier pays for the promotion of agricultural or 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 and the expected quantity of the agricultural or food products to be ordered;
Amendment 210 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to certain unfair trading practices which occur in relation to the sales of agricultural and food products by a supplier that is a small and medium-sized enterprise to a buyer that is not a small and medium-sized enterprise, as well as to the sales of agricultural and food products by a supplier that is a small-sized enterprise to a buyer that is at least a medium-sized enterprise.
Amendment 211 #
Proposal for a directive Article 3 – paragraph 2 – point c (c) a supplier pays for the promotion of agricultural or 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 and the expected quantity of the agricultural or food products to be ordered;
Amendment 211 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to certain unfair trading practices which occur in relation to the sales of agriculture and food products by a supplier that is a small and medium-sized enterprise, including small and medium sized producer organisations or cooperatives, and including individual suppliers that are members of producer organisations or cooperatives of any size, to a buyer that is not a small and medium-sized enterprise or with a dominant or monopolistic market power.
Amendment 212 #
Proposal for a directive Article 3 – paragraph 2 – point c (c) a supplier pays for the promotion of
Amendment 212 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to certain unfair trading practices
Amendment 213 #
Proposal for a directive Article 3 – paragraph 2 – point d Amendment 213 #
Proposal for a directive 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
Amendment 214 #
Proposal for a directive Article 3 – paragraph 2 – point d (d) a supplier pays for the marketing of agricultural or food products by the buyer.
Amendment 214 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to certain unfair trading practices which occur in relation to the sales of food products and agricultural products listed in Annex I to the Treaty by a supplier that is a small and medium-sized enterprise to a buyer that is not a small and medium-sized enterprise for processing or distribution in the Union, irrespective of their place of establishment.
Amendment 215 #
Proposal for a directive Article 3 – paragraph 2 – point d (d) a supplier pays for the marketing of agricultural or food products by the buyer.
Amendment 215 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive applies to
Amendment 216 #
Proposal for a directive Article 3 – paragraph 2 – point d (d) a supplier pays for the marketing of
Amendment 216 #
Proposal for a directive 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 or a cooperative to a buyer that is not a small and medium-sized enterprise.
Amendment 217 #
Proposal for a directive Article 3 – paragraph 2 – point d a (new) (da) a supplier pays for the wastage of food products that occur on the buyer's premises and that is not caused by the negligence or fault of the supplier.
Amendment 217 #
Proposal for a directive 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 or food chain cooperative association to a buyer that is not a small and medium-sized enterprise or food chain cooperative.
Amendment 218 #
Proposal for a directive Article 3 – paragraph 2 – point d a (new) (da) a buyer shares with third parties confidential information related to the supply contract, including trade secrets shared by the supplier with the buyer.
Amendment 218 #
Proposal for a directive Article 1 – paragraph 2 Amendment 219 #
Proposal for a directive Article 3 – paragraph 2 a (new) 2a. A buyer shall inform the supplier of any differentiated treatment which it gives in relation to brands owned or managed by it ("private labels"), in particular which concerns specific measures by the buyer relating to listing or store-place.
Amendment 219 #
Proposal for a directive Article 1 – paragraph 2 a (new) 2 a. This Directive shall not apply to product deliveries made to agricultural cooperatives and other associated entities by their members, provided that they are compulsory according to their organization's rules.
Amendment 220 #
Proposal for a directive Article 3 – paragraph 2 a (new) Amendment 220 #
Proposal for a directive Article 1 – paragraph 3 3. This Directive shall apply to
Amendment 221 #
Proposal for a directive 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 221 #
Proposal for a directive Article 1 – paragraph 3 – subparagraph 1 (new) that a half-year transition period should apply to existing contracts.
Amendment 222 #
Proposal for a directive Article 3 – paragraph 2 b (new) 2b. A buyer shall not share details or specific information about products received from a supplier with any third party and shall not use this information to develop its own competing product, which would deprive the weaker party of the results of its innovation.
Amendment 222 #
Proposal for a directive Article 2 – paragraph 1 – point –a (new) (-a) “unfair trading practice” means any practice which grossly deviates from good commercial conduct, is contrary to good faith and fair practice and is unilaterally imposed by one trading partner upon another, occurring when an enterprise: - submits or attempts to subject a trading partner to obligations that create a significant imbalance in the rights and obligations of the parties before, during or after the performance of the contract; - obtains or attempts to obtain, under threat of total or partial termination of contractual relations, manifestly unreasonable conditions concerning prices, payment terms, terms of sale or services not covered by the purchase obligations and sales.
Amendment 223 #
Proposal for a directive 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 apply stricter rules regarding the prohibitions laid down in paragraphs 1 and 2.
Amendment 223 #
Proposal for a directive Article 2 – paragraph 1 – point –a (new) (-a) “unfair trading practice” means any practice which grossly deviates from good commercial conduct, is contrary to good faith and fair practice and is unilaterally imposed by one trading partnerupon another, occuring when an enterprise: - submits or attempts to subject a trading partner to obligations that create a significant imbalance in the rights and obligations of the parties before, during or after the performance of the contract; - obtains or attempts to obtain, under threat of total or partial termination of contractual relations, manifestly unreasonable conditions concerning prices, payment terms, terms of sale or services not covered by the purchase obligations and sales.
Amendment 224 #
Proposal for a directive 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.
Amendment 224 #
Proposal for a directive Article 2 – paragraph 1 – point –a (new) (-a) "unfair trading practices" are 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;
Amendment 225 #
Proposal for a directive Article 3 – paragraph 4 4. Member States shall ensure that the prohibitions laid down in paragraphs 1 and 2 constitute overriding mandatory provisions of trading arrangements which are applicable to any situation falling within their scope
Amendment 225 #
Proposal for a directive Article 2 – paragraph 1 – point –a (new) (-a) “unfair trading practices” are 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;
Amendment 226 #
Proposal for a directive Article 3 – paragraph 4 a (new) 4a. A supplier may require that their trading arrangement is subject to a written contract including all relevant aspects of the trading arrangement.
Amendment 226 #
Proposal for a directive Article 2 – paragraph 1 – point –a (new) (-a) “unfair trading practices” are 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;
Amendment 227 #
Proposal for a directive Article 3 – paragraph 4 b (new) 4b. Member States may, in accordance with Article 8, provide for rules that go beyond the provisions of this Article.
Amendment 227 #
Proposal for a directive Article 2 – paragraph 1 – point –a (new) (-a) "unfair trading practice" means any commercial practice that is contrary to good faith and good commercial conduct, unilaterally imposed by one trading partner to another;
Amendment 228 #
Proposal for a directive Article 3 a (new) Article 3a Contracts between suppliers and buyers A supplier may require that any supply of goods or services is subject to a written contract with clear and unambiguous language and which specifies at least the following terms: the parties to the contract; the object of the contract; the volume, price and quality of the products or services provided; payment; penalties in case of non-execution of the contract; duration and, if applicable, renewal of the contract; termination causes, including a reasonable notice period; the applicable law.
Amendment 228 #
Proposal for a directive Article 2 – paragraph 1 – point –a (new) (-a) "unfair trading practices” means practices that - grossly deviate from good and fair commercial conduct, are contrary to good faith and fair dealing and are unilaterally imposed by buyer to supplier, or - impose or attempt to impose an unjustified and disproportionate transfer of a buyer’s economic risk to the supplier; or a significant imbalance of rights and obligations on the supplier in the commercial relationship before, during or after the contract;
Amendment 229 #
Proposal for a directive Article 4 – paragraph 1 a (new) Member States shall ensure that the designated enforcement authority has the necessary resources, including sufficient budgetary and expertise resources, to fulfil its obligations.
Amendment 229 #
Proposal for a directive Article 2 – paragraph 1 – point –a (new) (-a) “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 between the partners in the commercial relationship.
Amendment 230 #
Proposal for a directive Article 4 – paragraph 1 b (new) Member States shall inform the Commission of the designated enforcement authority.
Amendment 230 #
Proposal for a directive Article 2 – paragraph 1 – point –a (new) (-a) 'Unfair trading practices' are contractual provisions and business practices that are imposed on the supplier by the customer, using their significant negotiating power over the supplier, and that are contrary to the principles of conscientiousness and fairness, the principle of equal treatment of the parties, the principle of equal value of performance and good business practice in the production of and/or trade in agricultural or food products, including any undue and disproportionate risk transfer to the lesser of the contracting parties.
Amendment 231 #
Proposal for a directive 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.
Amendment 231 #
Proposal for a directive Article 2 – paragraph 1 – point a (a) “buyer” means any natural or legal person
Amendment 232 #
Proposal for a directive 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 established or to the enforcement authority of the Member State in which the supplier is established. In the latter case, the enforcement authority shall forward the complaint to the enforcement authority of the Member State where the buyer suspected to have engaged in a prohibited trading practice is established.
Amendment 232 #
Proposal for a directive Article 2 – paragraph 1 – point a (a)
Amendment 233 #
Proposal for a directive Article 5 – paragraph 1 1.
Amendment 233 #
Proposal for a directive Article 2 – paragraph 1 – point a (a) “buyer” means any natural or legal person
Amendment 234 #
Proposal for a directive Article 5 – paragraph 1 1.
Amendment 234 #
Proposal for a directive Article 2 – paragraph 1 – point a (a) “buyer” means any natural or legal person
Amendment 235 #
Proposal for a directive Article 5 – paragraph 1 1. A supplier shall make use of established mediation services where available. If this is inappropriate or does not resolve the issue, the 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 established.
Amendment 235 #
Proposal for a directive Article 2 – paragraph 1 – point a (a) “buyer” means any natural or legal person
Amendment 236 #
Proposal for a directive Article 5 – paragraph 1 1. A
Amendment 236 #
Proposal for a directive Article 2 – paragraph 1 – point a (a)
Amendment 237 #
Proposal for a directive Article 5 – paragraph 1 1. A supplier shall address a complaint to the enforcement authority of the Member State in which the
Amendment 237 #
(a) “buyer” means any natural or legal person established in the Union who buys agri-food products by way of trade. The term "buyer" may include a group of such natural and legal persons;
Amendment 238 #
Proposal for a directive Article 5 – paragraph 1 a (new) 1a. In cases where the buyer is established outside the Union, the supplier shall address a complaint to the enforcement authority of the Member State in which it is established. In cases where the supplier is established outside the Union, the supplier may address a complaint to any designated enforcement authority. Upon receipt of the complaint, the enforcement authority shall forward it to the enforcement authority of the Member State in which the buyer suspected to have engaged in a prohibited trading practice is established.
Amendment 238 #
Proposal for a directive Article 2.º – paragraph 1 – point a (a) “buyer” means any natural or legal person established in the Union who buys
Amendment 239 #
Proposal for a directive Article 5 – paragraph 1 a (new) 1a. An affected operator may also request the enforcement authority of its Member State to address the complaint to the enforcement authority of the Member State where the operator suspected of carrying out a prohibited commercial practice is established.
Amendment 239 #
Proposal for a directive Article 2 – paragraph 1 – point b (b) “supplier” means any agricultural producer or any natural or legal person,
Amendment 240 #
Proposal for a directive Article 5 – paragraph 2 2. Producer organisations or associations of producer organisations under Regulation (EU) 1308/2013 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
Amendment 240 #
Proposal for a directive Article 2 – paragraph 1 – point b (b) “supplier” means any agricultural producer or any natural or legal person,
Amendment 241 #
Proposal for a directive 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, as well as organisations working with producers or with a proven expertise in trading practices in food supply chains, shall have the right to submit a complaint.
Amendment 241 #
Proposal for a directive Article 2 – paragraph 1 – point b (b)
Amendment 242 #
Proposal for a directive 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
Amendment 242 #
Proposal for a directive Article 2 – paragraph 1 – point b (b) “supplier” means any agricultural producer or any natural or legal person,
Amendment 243 #
Proposal for a directive 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 in the name of the members of the organization or association.
Amendment 243 #
Proposal for a directive Article 2 – paragraph 1 – point b (b) “supplier” means any agricultural producer or any natural or legal person,
Amendment 244 #
Proposal for a directive Article 5 – paragraph 2 2. Producer or supplier organisations or associations of producer or supplier 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 and to be a party to the proceedings.
Amendment 244 #
Proposal for a directive Article 2 – paragraph 1 – point b (b) “supplier” means any agricultural producer or any natural or legal person,
Amendment 245 #
Proposal for a directive 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 and to be properly involved in the procedures.
Amendment 245 #
Proposal for a directive Article 2.º – paragraph 1 – point b (b) “supplier” means any agricultural producer or any natural or legal person, irrespective of their place of establishment, who sells
Amendment 246 #
Proposal for a directive Article 5 – paragraph 2 2. Producer organisations
Amendment 246 #
Proposal for a directive Article 2 – paragraph 1 – point b (b) “supplier” means any agricultural producer or any natural or legal person, irrespective of their place of establishment, who sells agricultural and food products. The term “supplier” may include a group of such agricultural producers or such natural and legal persons, including producer organisations
Amendment 247 #
Proposal for a directive Article 5 – paragraph 2 a (new) 2a. Any other organisation with knowledge of unfair trading practices in supply chains shall have the right to submit a complaint, provided that there is no conflict of interest.
Amendment 247 #
Proposal for a directive Article 2 – paragraph 1 – point b (b) “supplier” means any agricultural producer or any natural or legal person, irrespective of their place of establishment, who sells agricultural or food products. The term “supplier” may include a group of such agricultural producers or such natural and legal persons, including producer organisations and associations of producer organisations;
Amendment 248 #
Proposal for a directive Article 5 – paragraph 3 3. The enforcement authority shall ensure, if so requested by the complainant, the confidentiality of the identity of the complainant and any other information, in respect of which the complainant considers disclosure harmful to his interests. The complainant shall identify such information in a possible request for confidentiality. Throughout the procedure, the authorities shall guarantee the anonymity of all the parties concerned, as well as confidentiality of the process and of any sensitive information, while protecting the procedural rights of the defendant.
Amendment 248 #
Proposal for a directive Article 2 – paragraph 1 – point b (b) “supplier” means any agricultural producer or any natural or legal person, irrespective of their place of establishment, who sells agricultural and food products. The term “supplier” may include a group of such agricultural producers or such natural and legal persons, including agricultural cooperatives, producer organisations and associations of producer organisations;
Amendment 249 #
Proposal for a directive Article 5 – paragraph 3 3. The enforcement authority shall ensure, if so requested by the complainant, the confidentiality of the identity of the complainant and any other information, in respect of which the complainant considers disclosure harmful to his interests. The complainant shall identify such information in a possible request for confidentiality. Throughout the procedure, the authorities shall guarantee the confidentiality of the process and of any sensitive information, while protecting the procedural rights of the defendant.
Amendment 249 #
Proposal for a directive Article 2 – paragraph 1 – point b (b) “supplier” means any agricultural producer or processor or any natural or legal person, irrespective of their place of establishment, who sells food products. The term “supplier” may include a group of such agricultural producers or such natural and legal persons, including producer organisations and associations of producer organisations;
Amendment 250 #
Proposal for a directive Article 5 – paragraph 3 3. The enforcement authority shall ensure, if so requested by the complainant, the confidentiality of the identity of the complainant and any other information, in respect of which the complainant considers disclosure harmful to his interests. The complainant shall identify such information in a possible request for confidentiality. The authority shall guarantee the confidentiality of the procedure for the benefit of the defendant. This is without prejudice to the procedural rights of the defendant.
Amendment 250 #
Proposal for a directive Article 2 – paragraph 1 – point b (b) “supplier” means any agricultural producer/supplier or any natural or legal person, irrespective of their place of establishment, who sells food products. The term “supplier” may include a group of such agricultural producers/suppliers or such natural and legal persons, including producer organisations and associations of producer organisations;
Amendment 251 #
Proposal for a directive Article 5 – paragraph 3 3. The enforcement authority shall ensure, if so requested by the complainant, the confidentiality of the identity of the complainant and any other information, in respect of which the complainant considers disclosure harmful to his interests. The complainant shall identify such information in a possible request for confidentiality. The enforcement authority shall ensure the confidentiality of the procedure in the interests of the opponent.
Amendment 251 #
Proposal for a directive Article 2 – paragraph 1 – point b a (new) (b a) "situation of economic dependence" occurs when the termination of commercial relations between the buyer and the supplier may jeopardize the continued pursuit of the latter's activity and where the supplier does not have an alternative solution to the commercial relations in question which can be implemented within a reasonable time. This is presumed to be the case when the buyer accounts for at least 20% of the supplier’s turnover;
Amendment 252 #
Proposal for a directive Article 5 – paragraph 3 3. The enforcement authority shall ensure, if so requested by the complainant, the confidentiality of the identity of the complainant and any other information, in respect of which the complainant considers disclosure harmful to his interests. The complainant shall identify such information in a possible request for confidentiality. The authority shall guarantee the confidentiality of the process and of the investigations themselves.
Amendment 252 #
Proposal for a directive Article 2 – paragraph 1 – point b a (new) (b a) "situation of economic dependence" occurs when the termination of commercial relations between the buyer and the supplier may jeopardize the continued pursuit of the latter's activity and where the supplier does not have an alternative solution to the commercial relations in question which can be implemented within a reasonable time. This is presumed to be the case when the buyer accounts for at least 20% of the supplier’s turnover;
Amendment 253 #
Proposal for a directive Article 5 – paragraph 3 3. The enforcement authority shall ensure, if so requested by the complainant, the anonymity or confidentiality of the identity of the complainant and any other information, in respect of which the complainant considers disclosure harmful to his interests. The complainant shall identify such information in a possible request for anonymity or confidentiality.
Amendment 253 #
Proposal for a directive Article 2 – paragraph 1 – point b a (new) (b a) "economic dependence" occurs when, in a relationship between supplier and buyer, the total sum for which the supplier invoiced the buyer accounts for at least 30 % of turnover during the previous year;
Amendment 254 #
Proposal for a directive Article 5 – paragraph 3 3. The enforcement authority shall ensure, if so requested by the complainant, the confidentiality of the identity of the complainant and any other information, in respect of which the complainant considers disclosure harmful to his interests. The complainant shall identify such information in
Amendment 254 #
Proposal for a directive Article 2 – paragraph 1 – point b a (new) (b a) "economic dependence" means a relationship in which the buyer accounts for at least 30 per cent of the supplier’s turnover;
Amendment 255 #
Proposal for a directive 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 255 #
Proposal for a directive Article 2 – paragraph 1 – point b a (new) (ba) "economic dependence" means an imbalanced situation in which the buyer is in a situation of power over the supplier, making the supplier vulnerable because the buyer is well-known, because the buyer has a significant market share in the supplier's turnover, or because the supplier cannot find a sufficient alternative trade solution;
Amendment 256 #
Proposal for a directive Article 5 – paragraph 4 4.
Amendment 256 #
Proposal for a directive Article 2 – paragraph 1 – point b a (new) (ba) “economic dependence” means unequal bargaining power between a supplier and a purchaser where the former is dependent on the latter because of the quantities supplied, the purchaser's reputation and market share or the lack of alternative outlets;
Amendment 257 #
Proposal for a directive Article 5 – paragraph 4 4. Within one month of receiving the complaint, the enforcement authority shall inform the complainant about its decision to start an investigation. Where the enforcement authority considers that there are insufficient grounds for acting on a complaint, it shall inform the complainant about the reasons.
Amendment 257 #
Proposal for a directive Article 2 – paragraph 1 – point b b (new) (b b) “food procurement contract” means a contract in which one party commits to provide the other party with food or food products and the aforementioned food inputs, for a certain price, whether this be an isolated sale or ongoing supply.
Amendment 258 #
Proposal for a directive Article 5 – paragraph 4 a (new) 4a. Where the enforcement authority considers that there are sufficient grounds for acting on a complaint, it shall conduct the investigation within a maximum period of six months. In complex and duly justified cases, this period can be extended by up to six months. The enforcement authority shall inform the complainant of this extension and its reasons for it.
Amendment 258 #
Proposal for a directive Article 2 – paragraph 1 – point b a (new) (b a) "supply agreement" means an oral or written agreement between buyer and supplier;
Amendment 259 #
Proposal for a directive Article 5 – paragraph 4 a (new) 4a. Member States may, in accordance with Article 8, provide for rules that go beyond the provisions of this Article.
Amendment 259 #
Proposal for a directive Article 2 – paragraph 1 – point c Amendment 260 #
Proposal for a directive 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 260 #
Proposal for a directive Article 2 – paragraph 1 – point b a (new) (b a) 'economic dependence' means a power relationship between a supplier and a buyer in which the parties have unequal strength of bargaining power, resulting in dependence on the stronger party;
Amendment 261 #
Proposal for a directive 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 261 #
Proposal for a directive Article 2 – paragraph 1 – point c Amendment 262 #
Proposal for a directive Article 6 – paragraph 1 – point a (a) to initiate and conduct investigations on its own initiative or based on an anonymous complaint;
Amendment 262 #
Proposal for a directive Article 2 – paragraph 1 – point c Amendment 263 #
Proposal for a directive Article 6 – paragraph 1 – point a (a) to initiate and conduct investigations
Amendment 263 #
Proposal for a directive Article 2 – paragraph 1 – point c Amendment 264 #
Proposal for a directive Article 6 – paragraph 1 – point b (b) to require buyers and suppliers to provide all necessary information in order
Amendment 264 #
Proposal for a directive Article 2 – paragraph 1 – point c Amendment 265 #
Proposal for a directive Article 6 – paragraph 1 – point b a (new) (ba) to perform unannounced site inspections within the framework of its investigations;
Amendment 265 #
Proposal for a directive Article 2 – paragraph 1 – point c Amendment 266 #
Proposal for a directive Article 6 – paragraph 1 – point b b (new) (bb) to undertake mediation or dispute resolution functions, where the supplier has agreed, and in private where the supplier so requests;
Amendment 266 #
Proposal for a directive Article 2 – paragraph 1 – point c Amendment 267 #
Proposal for a directive Article 6 – paragraph 1 – point c (c) to take a decision, within the framework of the applicable national law, 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 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);
Amendment 267 #
Proposal for a directive Article 2 – paragraph 1 – point c Amendment 268 #
Proposal for a directive 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);
Amendment 268 #
Proposal for a directive Article 2 – paragraph 1 – point c Amendment 269 #
Proposal for a directive 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 269 #
Proposal for a directive Article 2 – paragraph 1 – point c Amendment 270 #
Proposal for a directive Article 6 – paragraph 1 – point d (d) to impose
Amendment 270 #
Proposal for a directive Article 2 – paragraph 1 – point b a (new) (b a) "supply agreement" means an agreement between a supplier and a buyer that covers price, quantities, delivery and payments conditions, as well as rights and termination procedures.
Amendment 271 #
Proposal for a directive Article 6 – paragraph 1 – point d (d) to impose a pecuniary fine on the author of the
Amendment 271 #
Proposal for a directive Article 2 – paragraph 1 – point c a (new) (c a) “Resale at a loss” means the reselling or advertising of the resale below the actual purchase price. The actual purchase price is the net unit price shown on the purchase invoice, minus the amount of all other financial benefits granted by the supplier, plus turnover taxes, specific taxes relating to the purchase price and to the resale, as well as the price of transport.
Amendment 272 #
Proposal for a directive Article 6 – paragraph 1 – point d (d) to impose a pe
Amendment 272 #
Proposal for a directive Article 2 – paragraph 1 – point d (d) “agricultural and food products” means products listed in Annex I to the Treaty intended for use as food as well as products not listed in that Annex, but processed from those products for use as food;
Amendment 273 #
Proposal for a directive Article 6 – paragraph 1 – point d (d) to impose a pecuniary fine or any other dissuasive penalty on the author of the infringement. The fine shall be effective, proportionate and dissuasive
Amendment 273 #
Proposal for a directive Article 2 – paragraph 1 – point d (d) “agricultural and food products” means products listed in Annex I to the Treaty intended for use as food as well as products not listed in that Annex, but processed from those products for use as food;
Amendment 274 #
Proposal for a directive Article 6 – paragraph 1 – point d (d) to impose a pecuniary fine on the author of the infringement. The fine shall be effective, proportionate with regard to the damage caused and dissuasive taking into account the nature, duration and gravity of the infringement;
Amendment 274 #
Proposal for a directive Article 2 – paragraph 1 – point d (d)
Amendment 275 #
Proposal for a directive Article 6 – paragraph 1 – point d (d) to impose a pe
Amendment 275 #
Proposal for a directive Article 2 – paragraph 1 – point d (d) “agri-food products” means products listed in Annex I to the Treaty intended for use as food as well as products not listed in that Annex, but processed from those products for use as food;
Amendment 276 #
Proposal for a directive Article 6 – paragraph 1 a (new) The Commission is empowered to adopt delegated acts setting out criteria and a common methodology for use by enforcement authorities when determining the amount of pecuniary fines, having regard to at least the following elements: the turnover of the infringer, the benefits accrued by the infringer from the unfair trading practice, the number and status of the victims of the infringement, and the repeated use of unfair trading practices by a buyer.
Amendment 276 #
Proposal for a directive Article 2 – paragraph 1 – point d (d) “food products” means products listed in Annex I to the Treaty intended for use as food, as well as
Amendment 277 #
Proposal for a directive Article 6 – paragraph 1 a (new) Member States may, in accordance with Article 8, provide for rules that go beyond the provisions of this Article.
Amendment 277 #
Proposal for a directive Article 2 – paragraph 1 – point d (d) “food products” means products listed in Annex I to the Treaty intended for use as food, and any product arising from the work of, or service provided by, a supplier, as well as products not listed in that Annex, but processed from those products for use as food;
Amendment 278 #
Proposal for a directive Article 6 a (new) Amendment 278 #
Proposal for a directive Article 2 – paragraph 1 – point d a (new) (d a) "agricultural products” means products listed in Annex I to the Treaty and their processing products as well as products not listed in that Annex, but processed from those products for use as food;
Amendment 279 #
Proposal for a directive Article 6 a (new) Article 6a Mediation or alternative dispute resolution mechanism 1. Without prejudice to the powers and obligations of the enforcement authority laid down in Article 6, Member States may encourage the use of mediation or of an alternative dispute resolution mechanism in case of a dispute between a supplier and a buyer due to an unfair trading practices as defined in Article 2. 2. The use of mediation or of an alternative dispute resolution mechanism shall be without prejudice to the right of the supplier to submit a complaint, as set out in Article 5.
Amendment 279 #
Proposal for a directive Article 2 – paragraph 1 – point d a (new) (d a) "private label food products" are food products that are sold under retailers' brands;
Amendment 280 #
Proposal for a directive Article 7 – paragraph 1 1. Member States shall ensure that enforcement authorities cooperate effectively with each other and provide each other mutual assistance in investigations that have a cross-border dimension in order to shorten the investigation time.
Amendment 280 #
Proposal for a directive Article 2 – paragraph 1 – point e (e)
Amendment 281 #
Proposal for a directive Article 7 – paragraph 1 a (new) 1a. The following mechanisms for cooperation between enforcement authorities shall be established: (a) at the request of an applicant enforcement authority, the requested authority shall, without delay, provide to the applicant authority any relevant information necessary to establish whether an unfair trading practice has occurred or is occurring. The requested authority shall undertake the appropriate and necessary investigations to fulfil this request for information. (b) at the request of an applicant enforcement authority, a requested authority shall take all necessary and proportionate enforcement measures to terminate the prohibited trading practice within a maximum period of six months. The requested authority shall regularly inform the applicant authority about the steps and measures taken, or that it intends to take.
Amendment 281 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) “perishable food products” means
Amendment 282 #
Proposal for a directive 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 282 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) “perishable food products” means
Amendment 283 #
Proposal for a directive Article 7 – paragraph 2 2. The enforcement authorities shall meet at least once per year to discuss the application of this Directive
Amendment 283 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) “perishable
Amendment 284 #
Proposal for a directive Article 7 – paragraph 3 a (new) 3a. The Commission shall involve all relevant stakeholders in discussions of the application of this Directive, with a view to facilitating dialogue and exchange of good practice.
Amendment 284 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) “perishable agricultural and food products” means agricultural and food products that
Amendment 285 #
Proposal for a directive Article 7 – paragraph 3 a (new) 3a. Member States may, in accordance with Article 8, provide for rules that go beyond the provisions of this Article.
Amendment 285 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) “perishable agricultural and food products” means agricultural and food products that will become unfit for
Amendment 286 #
Proposal for a directive Article 7 a (new) Article 7a Coordination Forum 1. The Commission shall establish, chair and manage a Coordination Forum composed of representatives appointed by each enforcement authority. 2. The Coordination Forum shall meet at least once per year, and shall enable enforcement authorities: (a) to discuss and monitor the application of this Directive based on the annual reports referred to in Article 9(1); (b) to facilitate the exchange of information and best practices, especially on enforcement cooperation in cases involving operators from more than one Member State; (c) to consider and analyse new forms of unfair trading practice; (d) to cooperate in setting and imposing penalties, including pecuniary fines, in cases involving operators from more than one Member State.
Amendment 286 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) “perishable food products” means fresh food products that
Amendment 287 #
Proposal for a directive Article 8 – paragraph 1 Member States may provide for rules designed to combat unfair trading practices going beyond those set out in Articles 3, 5, 6 and 7, provided that such national rules are compatible with the rules on the functioning of the internal market, including the free movement of goods and services and the freedom of establishment, non-discrimination and access to impartial and independent judicial review.
Amendment 287 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) “perishable food products” means fresh agricultural and food products that will become unfit for human consumption or proper use, in particular as a result of the product's microbiological instability, unless they are stored, treated, packaged or otherwise conserved to prevent them from becoming unfit.
Amendment 288 #
Proposal for a directive Article 8 – paragraph 1 Member States may provide for rules designed to combat unfair trading practices going beyond those set out in Articles 1, 3, 5, 6 and 7, provided that such national rules are compatible with the rules on the functioning of the internal market.
Amendment 288 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) “perishable agricultural and food products” means agricultural and food products that will become unfit for their intended use or human consumption unless they are stored, treated, packaged or otherwise conserved to prevent them from becoming unfit.
Amendment 289 #
Proposal for a directive Article 8 – paragraph 1 a (new) Proceedings in relation to points (c), (d) and (e) of Article 6 shall respect the administrative and legal proceedings and principles in the specific Member State considering the assessment. The enforcement authority shall abstain from actions arising from a request of confidentiality by the supplier in accordance with Article 5(3).
Amendment 289 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) “perishable food products” means fresh agricultural or food products that will become unfit for human consumption or intended use unless they are stored, treated, packaged or otherwise conserved to prevent them from becoming unfit.
Amendment 290 #
Proposal for a directive Article 8 – paragraph 1 a (new) Any new national rules going beyond the provisions of this Directive shall be notified to the Commission three months ahead of their application pending consideration by the Commission under the procedure set out in Articles 5 and 6 of Directive (EU) 2015/1535.
Amendment 290 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) “perishable food products” means fresh food products that
Amendment 291 #
Proposal for a directive Article 9 – paragraph 1 1. By 15 March of each year, Member States shall send to the Commission a report on unfair trading practices in business-to-business relationships in the
Amendment 291 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) “perishable food products” means agricultural and food products that will become unfit for
Amendment 292 #
Proposal for a directive Article 9 – paragraph 1 1. By 15 March of each year, Member States shall send to the Commission a
Amendment 292 #
Proposal for a directive Article 2 – paragraph 1 – point e (e)
Amendment 293 #
Proposal for a directive Article 9 – paragraph 1 – subparagraph 1 a (new) Member State authorities shall engage in discussion with all relevant stakeholders, including consumer organisations, on the functioning of the supply chain in their Member State and the effectiveness of their actions in meeting the objectives of this Directive.
Amendment 293 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) “perishable food products” means food products that will become unfit for human consumption unless they are stored, treated, packaged or otherwise conserved to prevent them from becoming unfit, with the exception of grapes and must intended for wine production.
Amendment 294 #
Proposal for a directive Article 11 – paragraph 1 1. No
Amendment 294 #
Proposal for a directive Article 2 – paragraph 1 – point b a (new) (b a) The "supply agreement" between the supplier and the buyer shall contain all provisions relevant to the business relationship of the contracting parties and must include, in particular, provisions on: - the price of the product and/or the manner of determining or calculating the price, - the quality and type of the agricultural or food product supplied to the trader, - the terms and deadlines for payment for the supplied agricultural or food product – the payment deadline may not be longer than 30 days from the date of receipt of the agricultural or food product being supplied, - the terms and deadlines for supply of the agricultural or food products covered by the contract, - the place of supply of the agricultural or food product, and - the duration of the agreement.
Amendment 295 #
Proposal for a directive Article 11 – paragraph 1 1. No sooner than three years after the date of application of this Directive, the Commission shall carry out an evaluation of this Directive and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee and the Committee of the Regions. The report shall evaluate the effectiveness of this Directive in protecting the most vulnerable actors in the food supply chain against unfair trading practices. The report shall also evaluate the contribution of this Directive to increasing food safety, promoting sustainable practices in the food supply chain and reducing food waste.
Amendment 295 #
Proposal for a directive Article 2 – paragraph 1 – point e a (new) (ea) 'conciliation procedure' means a confidential procedure launched at the initiative of the enforcement authorities, with the joint consent of the buyer and the supplier, or at the request of the buyer or the supplier, to resolve their dispute amicably on a voluntary basis with the assistance of a mediator within two months.
Amendment 296 #
Proposal for a directive Article 11 – paragraph 1 1. No
Amendment 296 #
Proposal for a directive Article 2 – paragraph 1 – point b a (new) (ba) 'supply contract' is a written agreement between a supplier and a buyer which clearly and transparently covers the relevant parts of the trade agreement, identifies the parties and establishes their rights and obligations price, duration, delivery and payment conditions, considerations, conclusion and termination of the contract.
Amendment 297 #
Proposal for a directive Article 11 – paragraph 1 1. No sooner than t
Amendment 297 #
Proposal for a directive Article 2 – paragraph 1 – point e a (new) (e a) "producer organisation" for the purposes of this Directive means any producer organisation or association of producer organisations of which there is a voluntary cooperation of producers of agricultural products, which is owned and controlled by its user members and operates for the benefit of its user members.
Amendment 298 #
Proposal for a directive Article 11 – paragraph 3 3.
Amendment 298 #
Proposal for a directive Article 2 – paragraph 1 – point e a (new) (e a) “perishable agricultural products” means agricultural products listed in Annex I to the Treaty that will become unfit for human consumption unless they are stored, treated, packaged or otherwise conserved to prevent them from becoming unfit.
Amendment 299 #
Proposal for a directive Article 12 – paragraph 1 – subparagraph 1 Member States shall adopt and publish, by
Amendment 299 #
Proposal for a directive Article 2 – paragraph 1 – point e a (new) (e a) the average cost is the average cost recorded in the Member States for that product in the last quarter of the year.
Amendment 300 #
Proposal for a directive Article 12 – paragraph 1 – subparagraph 2 They shall apply those provisions from 1
Amendment 300 #
Proposal for a directive Article 2 – paragraph 1 – point e a (new) (e a) “non-perishable products” means products other than those indicated in point e.
Amendment 301 #
Proposal for a directive Article 2 – paragraph 1 – point b a (new) (b a) a “supply agreement” is a written agreement between a supplier and a buyer that clearly and transparently covers the relevant elements of the commercial agreement, including the names of the parties, their rights and obligations, price, duration, terms of delivery, terms of payment, as well as the cause, the execution of the contract and the effect of terminating the contract.
Amendment 302 #
Proposal for a directive Article 2 – paragraph 1 – point e b (new) (eb) 'mediator' means a third party appointed by mutual agreement between the buyer and the supplier, regardless of the manner of his/her appointment, status or profession, who is called upon to mediate in an effective, impartial, independent and expert manner.
Amendment 303 #
Proposal for a directive Article 3 – paragraph –1 (new) -1. Member States shall ensure that unfair commercial practices are prohibited. Member States shall ensure that the abusive exploitation by a purchaser or a group of buyers of the state of economic dependence in which a supplier finds itself is prohibited.
Amendment 304 #
Proposal for a directive Article 3 – paragraph 1 – introductory part 1. Member States shall ensure that
Amendment 305 #
Proposal for a directive Article 3 – paragraph 1 – introductory part 1. Member States shall ensure that
Amendment 306 #
Proposal for a directive Article 3 – paragraph 1 – introductory part 1. Member States shall ensure that at the minimum the following unfair trading practices are prohibited:
Amendment 307 #
Proposal for a directive Article 3 – paragraph 1 – introductory part 1. Member States shall ensure that the following unfair trading practices are prohibited, at the very least:
Amendment 308 #
Proposal for a directive Article 3 – paragraph 1 – introductory part 1. Member States shall ensure that the following trading practices
Amendment 309 #
Proposal for a directive Article 3 – paragraph 1 – point a – introductory part (a) a buyer pays a supplier
Amendment 310 #
Proposal for a directive Article 3 – paragraph 1 – point a – introductory part (a) a buyer pays a supplier
Amendment 311 #
Proposal for a directive Article 3 – paragraph 1 – point a a (new) (aa) a buyer pays a supplier for perishable food products no later than 60 calendar days after the receipt of the supplier’s invoice or no later than 60 calendar days after the date of delivery of the perishable food products, whichever is the later.This prohibition shall be without prejudice: to the consequences of late payments and remedies as laid down in Directive 2011/7/EU; to the option of a buyer and a supplier agreeing on a value-sharing clause within the meaning of Article 172 a) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council.
Amendment 312 #
Proposal for a directive Article 3 – paragraph 1 – point a a (new) (a a) A buyer pays a supplier for non- perishable food products more than 60 calendar days after the receipt of the supplier's invoice or more than 60 calendar days after the date of the delivery of the non-perishable food products, if this date is later.This prohibition shall be without prejudice: - to the consequences of late payments and remedies as laid down in Directive 2011/7/EU, - to the option of a buyer and a supplier to agree on a value sharing clause within the meaning of Article 172a of Regulation (EU) No 1308/2013 of the European Parliament and of the Council.
Amendment 313 #
Proposal for a directive Article 3 – paragraph 1 – point a a (new) (a a) a buyer pays a supplier for non- perishable products later than 60 calendar days after the receipt of the supplier’s invoice or later than 60 calendar days after the date of delivery of the perishable food products, whichever is the later.This prohibition is without prejudice: - to the consequences of late payments and remedies as laid down in Directive 2011/7/EU; - to the option of a buyer and a supplier to agree on a value sharing clause within the meaning of Article 172 a) of Regulation (EU) No1308/2013.
Amendment 314 #
Proposal for a directive Article 3 – paragraph 1 – point a – introductory part (a) a buyer pays a supplier
Amendment 315 #
Proposal for a directive Article 3 – paragraph 1 – point a – introductory part (a) a buyer pays a supplier for
Amendment 316 #
Proposal for a directive Article 3 – paragraph 1 – point a – introductory part (a) a buyer pays a supplier for perishable agricultural or food products later than 30 calendar days after the receipt of the supplier’s invoice or later than 30 calendar days after the date of delivery of the perishable agricultural or food products, whichever is the later. This prohibition shall be without prejudice:
Amendment 317 #
Proposal for a directive Article 3 – paragraph 1 – point a – introductory part (a) a buyer pays a supplier for perishable food products later than 30 calendar days after the receipt of the supplier’s invoice or later than 30 calendar days after the date of the contractually agreed delivery of the perishable food products, whichever is the later. This prohibition shall be without prejudice:
Amendment 318 #
Proposal for a directive Article 3 – paragraph 1 – point a – introductory part (a) a buyer pays a supplier for perishable food products later than 30 calendar days after the receipt of the supplier’s invoice or later than 30 calendar days after the
Amendment 319 #
Proposal for a directive Article 3 – paragraph 1 – point a – introductory part (a) a buyer pays a supplier for perishable food products later than 30 calendar days after the |