18 Amendments of Anthea McINTYRE related to 2018/0082(COD)
Amendment 154 #
Proposal for a directive
Recital 14 a (new)
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 190 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive applies to certain unfair trading practices which occur in relation to the sales of 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.
Amendment 229 #
Proposal for a directive
Article 2 – paragraph 1 – point –a (new)
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 266 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 283 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) “perishable food productgoods” means fgood products that will become unfit for human consumption unless they are stored, treated, packaged or otherwise conserved to prevent them from becoming unfit.s that rapidly decay due to their natural characteristics, in particular in the absence of appropriate storage conditions1a. _________________ 1a WTO definition
Amendment 320 #
Proposal for a directive
Article 3 – paragraph 1 – point a – introductory part
Article 3 – paragraph 1 – point a – introductory part
(a) a buyer pays a supplier for perishable fgood 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 339 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) a buyer cancels orders of perishable fgood products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products;
Amendment 404 #
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
Amendment 447 #
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
Amendment 448 #
Proposal for a directive
Article 3 – paragraph 1 – point d c (new)
Article 3 – paragraph 1 – point d c (new)
(dc) a buyer requires suppliers to bear any costs incurred as a result of any forecasting error, unless: -the buyer has prepared those forecasts in good faith and with due care, and following consultation with the supplier; -the supply agreement includes an express and unambiguous provision that full compensation is not appropriate.
Amendment 458 #
Proposal for a directive
Article 3 – paragraph 1 d (new)
Article 3 – paragraph 1 d (new)
1d. A supply agreement between and a supplier and a buyer must not include provisions under which a supplier makes payments to a retailer as compensation for shrinkage.
Amendment 559 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Producer organisations or associations of producer organisations whose member(s) or member(s) of their members consider(s) that they are affected by a prohibited trading practice shall have the right to submit a complaint, direct and indirect suppliers, trade associations and any organisations with knowledge of trading practices in supply chains may submit evidence of a suspected breach of the prohibitions laid down in Article 3.
Amendment 586 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
Member States shall ensure that the enforcement authority is properly equipped andto encourage the proper and fair functioning of the agricultural and food supply chain. They shall confer on it the following powers:
Amendment 590 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) to initiate and conduct investigations on its own initiative or based on a complaint;where there are reasonable grounds to suspect there has been a breach of the prohibitions laid down in Article 3.
Amendment 610 #
(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 also take into account any previous infringements.
Amendment 664 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. No soonlater than threfive 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. Based on the outcome of this evaluation, the Commission shall propose, where appropriate, necessary amendments and modifications to the scope of this directive.
Amendment 672 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by six months after the entry into force of the Directive at the latest,bring into force within 24 months the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 675 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2