Activities of Birgit COLLIN-LANGEN related to 2018/0082(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on unfair trading practices in business-to-business relationships in the food supply chain
Amendments (23)
Amendment 51 #
Proposal for a directive
Recital 3
Recital 3
(3) Different operators are active in the agricultural and food supply chain at the stages of production, processing, marketing, distribution and retail of agricultural or food products. The chain is by far the most important channel for bringing food products from “farm to fork”. delivering products.Those operators trade agricultural or food products, that is to say primary agricultural products, including fishery and aquaculture products, as listed in Annex I to the Treaty for use as food, and, other food products not listed in that Annex but processed from agricultural products for use as food and agricultural products.
Amendment 57 #
Proposal for a directive
Recital 5
Recital 5
(5) The number and size of operators vary across the different stages of the food supply chain. Differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices. Unfair trading practices are in particular harmful for small and medium-sized and mid-cap operators in the agricultural and food supply chain. Agricultural producers, who supply primary agricultural products, are largely small and medium-sized.
Amendment 58 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Agricultural producers, who supply primary agricultural products, are largely small and medium-sized. But the limited criteria of small and medium-sized enterprises in agricultural production are often exceeded e.g. when employing seasonal workers. Therefore, it is adequate to enlarge the scope to mid-caps. Mid-cap companies are enterprises or Producer Organisation, cooperatives or Associations of Producer Organisations with a medium-sized structure and with a high capital ratio with a staff headcount of up to 3000 employees. Furthermore, mid-caps can be family-run enterprises. Small and medium-sized enterprises and mid-caps have little market power in comparison to the big players in the agricultural or food supply chain.
Amendment 61 #
Proposal for a directive
Recital 6
Recital 6
(6) A majority of all Member States, but not all of them, have specific national rules that protect suppliers against unfair trading practices occurring in business-to- business relationships in the agricultural or food supply chain. Where reliance on contract law or self-regulatory initiatives is possible, fear of retaliation against a complainant limits the practical value of these forms of redress. Certain Member States, which have specific rules on unfair trading practices in place, therefore entrust administrative authorities with their enforcement. However, Member States’ unfair trading practices rules - to the extent they exist - are characterised by significant divergence.
Amendment 64 #
Proposal for a directive
Recital 7
Recital 7
(7) A minimum Union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers. It should benefit all agricultural producers or any natural or legal person that supplies agricultural or food products, including producer organisations and associations of producer organisations, provided that all those persons meet the definition of micro, small and medium- sized enterprises set out in the Annex to Commission Recommendation 2003/361/EC12 or are mid-cap enterprises. Those micro, small or, medium or mid-cap suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability. As the financial pressure on small and medium- sized and mid-cap enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers, rules on unfair trading practices should also protect small and medium-sized and mid-cap intermediary suppliers at the stages downstream of primary production. Protection of intermediary suppliers should also avoid unintended consequences (notably in terms of unduly raising prices) of trade diversion away from agricultural producers and their associations, who produce processed products, to non- protected suppliers. __________________ 12 OJ L 124, 20.5.2003, p. 36.
Amendment 74 #
Proposal for a directive
Recital 10
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 78 #
Proposal for a directive
Recital 11
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 91 #
Proposal for a directive
Recital 19
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 a possible enlargement of the lists of prohibited unfair trading practices and 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 96 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes a minimum list of prohibited unfair trading practices between buyers and suppliers in the agricultural or food supply chain and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities.
Amendment 102 #
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 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 128 #
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
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 129 #
Proposal for a directive
Article 2 – paragraph 1 – point d
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 as well as, products not listed in that Annex, but processed from those products for use as food, and agricultural products;
Amendment 134 #
Proposal for a directive
Article 2 – paragraph 1 – point e
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 147 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
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 150 #
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 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 154 #
Proposal for a directive
Article 3 – paragraph 1 – point b
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 159 #
Proposal for a directive
Article 3 – paragraph 1 – point c
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 211 #
Proposal for a directive
Article 3 – paragraph 2 – point c
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 215 #
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) a supplier pays for the marketing of agricultural or food products by the buyer.
Amendment 262 #
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 an anonymous complaint;
Amendment 279 #
Proposal for a directive
Article 6 a (new)
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 292 #
Proposal for a directive
Article 9 – paragraph 1
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 agricultural or food supply chain. That report shall contain, in particular, all relevant data on the application and enforcement of the rules under this Directive in the Member State concerned in the previous year.
Amendment 296 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. No soonlater 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. In the framework of the evaluation, the need for additional unfair trading practices should be examined.