27 Amendments of Angélique DELAHAYE related to 2018/0082(COD)
Amendment 70 #
Proposal for a directive
Recital 5
Recital 5
(5) The number and size of operators vary across the different stages of the agricultural and 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 particulareven more harmful for small and medium-sized operators in the agricultural and food supply chain. Agricultural producers, who supply primary agricultural products, are largelyoften small and medium- sized. sized, but all suppliers irrespective of size are susceptible to unfair trading practices.
Amendment 83 #
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 and 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 . Those micro, small or medium 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 enterprises and cooperatives. The financial pressure caused by unfair trading practices often passes through the chain and reaches agricultural producers, and therefore rules on unfair trading practices should also protect small and medium- sized 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 100 #
Proposal for a directive
Recital 9
Recital 9
(9) The relevant rules should apply to all 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 small and medium-sized suppliersoperators in the food supply chain.
Amendment 111 #
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 regardless of their size against unfair trading practices occurring in business-to-business relationships in the food supply chain, subject to the limits of Union law applicable to the functioning of the internal market.
Amendment 126 #
Proposal for a directive
Recital 12
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 139 #
Proposal for a directive
Recital 13
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 honour such a requestguarantee the complainant's anonymity.
Amendment 148 #
Proposal for a directive
Recital 14
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.
Amendment 160 #
Proposal for a directive
Recital 15
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 praFor the effective implementation of this Directicve, where applicable. The existence of a deterrent, such as the power to impose fines and the publication of investigation results, cenforcement authorities should have the power to outlaw a prohibited unfair trading practice, impose fines, sanctions and publish the results of investigations. These powers can act as a deterrent and encourage behavioural change and pre- litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities. Enforcement authorities should take repeated infringements of this Directive into account. 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, particularly with regard to fines and sanctions. 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.
Amendment 192 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium-sized enterprise to a buyer that is not a small and medium-sized enterpriseo a buyer.
Amendment 198 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium-sized enterprise to a buyer that is not a small and medium-sized enterprisepurchase of agricultural and food products by a buyer from a supplier and the subsequent sale of these products.
Amendment 246 #
Proposal for a directive
Article 2 – paragraph 1 – point b
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 and, associations of producer organisations and cooperatives;
Amendment 261 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 306 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that at the minimum the following unfair trading practices are prohibited:
Amendment 322 #
Proposal for a directive
Article 3 – paragraph 1 – point a – indent 2 a (new)
Article 3 – paragraph 1 – point a – indent 2 a (new)
- to agreements, decisions and concerted practices of interbranch organisations recognised under Article 157 of Regulation (EU) No 1308/2013, the aim of which is to modify the terms of payment for transactions relating to agricultural and food products falling under a quality scheme established in accordance with Regulation (EC) No 110/2008 of the European Parliament and of the Council, Regulation (EU) No 1151/2012 of the European Parliament and of the Council, Regulation (EU) No 1308/2013 and Regulation (EU) No 251/2014 of the European Parliament and of the Council;
Amendment 338 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) 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;
Amendment 347 #
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 food products, or the terms of payment;
Amendment 353 #
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) a buyer obtains or attempts to obtain from a supplier some kind of benefit without providing any compensation or service in return, or if the benefit is clearly disproportionate to the value of the compensation or service provided;
Amendment 358 #
Proposal for a directive
Article 3 – paragraph 1 – point c b (new)
Article 3 – paragraph 1 – point c b (new)
(cb) a buyer forces a supplier - or attempts to force a supplier - to give that buyer special conditions under the threat of partial or total destocking of the supplier's agricultural products or foodstuffs;
Amendment 363 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) a supplier pays for the wastage of food products that occurs owhen the agricultural and food products are in the buyer's premisesownership and that is not caused by the negligence or fault of the supplier.
Amendment 375 #
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) A buyer sells certain products at a loss as a marketing mechanism and the loss or cost is ultimately borne by the supplier;
Amendment 393 #
Proposal for a directive
Article 3 – paragraph 1 – point d d (new)
Article 3 – paragraph 1 – point d d (new)
Amendment 402 #
Proposal for a directive
Article 3 – paragraph 1 – point d c (new)
Article 3 – paragraph 1 – point d c (new)
(dc) A buyer shares with third parties or misuses, intentionally or otherwise, confidential information relating to the supply agreement, including sensitive trade information shared by the supplier with the buyer;
Amendment 510 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. If a payment is requested by the buyer for the situations described in points (b), (c) and (d) of paragraph 2, the buyer shall, if requested by the supplier,: (i) this payment must strictly be linked to the service provided and the costs incurred by the buyer; (ii) the buyer shall provide the supplier with an estimate of the payments per unit or overall, whichever is appropriate, and insofar as the situations described in points (b) and (d) of paragraph 2 are concerned also an estimate of the costs and the basis for such estimate.
Amendment 534 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A supplierComplaints shall be address a complaint to theed to the enforcement authority of the Member State in which the supplier is located. The enforcement authority which receives the complaint shall forward it for investigation to the competent enforcement authority of the Member State in which the buyer suspected to haveof engageding in a prohibited trading practice is established. When the buyer is established outside the Union, the competent enforcement authority that receives the complaint must take action.
Amendment 603 #
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) to impose a pecuniary fine on the author of the infringement. The fineand if necessary other dissuasive sanctions on the natural or legal person found to have made an infringement of this Directive, in accordance with national law. The fine and, if necessary, the sanction shall be effective, proportionate and dissuasive taking into account the nature, duration and gravity of the infringement as well as any previous and repeated infringements of this Directive;
Amendment 667 #
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.
Amendment 669 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)