Activities of Ricardo SERRÃO SANTOS related to 2015/2065(INI)
Plenary speeches (2)
Unfair trading practices in the food supply chain (A8-0173/2016 - Edward Czesak) PT
Unfair trading practices in the food supply chain (short presentation) PT
Amendments (25)
Amendment 6 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas UTPs have adverse effects on the weakest link in the chain, farmers and SMEs; whereas the economic impact of those adverse effects is thought to run into billions of euros;
Amendment 7 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that CAP reform introduced measures aimed at addressing the bargaining power gap between farmers and other stakeholders in the food supply chain; adds, however, that it brought in no specific measures to combat unfair trade practices,
Amendment 15 #
Motion for a resolution
Recital D
Recital D
D. whereas significant structural changes have taken place in the business-to- business (B2B) food supply chain in recent years, involving concentration and vertical integration of entities operating in the production, sector, and especially in the processing and retail sectors;
Amendment 22 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that although there already is EU legislation designed to prevent unfair business-to-consumer (B2C) commercial practices (Directive 29/2005), it is insufficient to address unfair practices in the food supply chain; calls, therefore, on the Commission to draft a directive to put an end to unfair business- to-business (B2B) commercial practices;
Amendment 29 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission to interpret competition law with due account for the efficiency and the well-being of producers so as to eliminate imbalances in the food chain;
Amendment 32 #
Motion for a resolution
Recital F
Recital F
F. whereas unfair practices may have harmful consequences for the food supply chain, whichparticularly where farmers and SMEs are concerned, and whereas that in turn may havehas a detrimental impact on the entire EU economy; whereas UTPs may discourage cross-border trade in the EU and whereas they hinder the proper functioning of the internal market; whereas unfair practices can result in particular in enterprises cutting back on investment and innovation owing to a reduction in income and a lack of certainty, and may lead them to abandon production, processing or trading activities;
Amendment 53 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas some Member States that had initially chosen to counter UTPs by means of voluntary schemes have subsequently decided to address them through legislation;
Amendment 55 #
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas the various steps taken by the Member States may cause distortions in the internal market if there are no EU- level measures to prevent such problems;
Amendment 70 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the Supply Chain Initiative has major limitations – e.g. there are no penalties for non-compliance and there is no option of lodging confidential complaints – meaning that it cannot be used effectively as a tool to combat UTPs;
Amendment 71 #
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas the Supply Chain Initiative does not include a precise definition of ‘unfair trading practice’;
Amendment 74 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the steps taken to date by the CommissionPoints out that the action the Commission has taken thus far is not sufficient to combat UTPs with a view to securing a more balanced market;
Amendment 78 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that although there is already European legislation designed to prevent unfair business-to-consumer (B2C) commercial practices (Directive 2005/29/EC), that legislation is not sufficient to address unfair practices in the food supply chain; in that regard, calls on the Commission to draw up a directive that makes it possible to put an end to UTPs in business-to-business (B2B) relations;
Amendment 82 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. WelcomesAcknowledges as a first step the action taken by the High Level Forum for a Better Functioning of the Food Supply Chain and the setting up of the expert platform on B2B practices, which has drawn up a list, a description and an assessment of trading practices that may be regarded as grossly unfair, but takes the view that a clear definition of ‘unfair trading practice’ should have been established;
Amendment 86 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. WCautiously welcomes the setting up of the Supply Chain Initiative, which has resulted in the adoption of a set of principles of good practice in B2B relations in the food supply chain and a voluntary framework for the implementation of those principles; believes that efforts to promote fair trading practices in the food supply chain can make a real impactshould make an impact, although the serious shortcomings of the initiative – such as the fact that it is not possible to lodge confidential complaints, and the fact that there are no effective penalties – mean that it is utterly inadequate for the purpose of combating UTPs;
Amendment 93 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. WelcomesTakes the view that the principles of good practice and the list of examples of fair and unfair practices in vertical relations in the food supply chain; shares the view that these standards now need to be enforced ought to be extended and enforced in an effective manner;
Amendment 99 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. WCautiously welcomes the setting up of national platforms of organisations and businesses in the food supply chain to promote fair trading practices and seek to put an end to UTPs; points out that specific EU regulation needs to be brought in alongside those platforms;
Amendment 104 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. WelcomesEmphasises that the development of alternative and informal mechanisms for dispute settlement and redress, in particular through mediation and amicable arrangements, can provide solutions as long as it is accompanied by relevant legislation to ensure compliance;
Amendment 117 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Confirms the existence of UTPs in the food supply chain that arise as a result of imbalances in bargaining power and acknowledges that they are contrary to the basic principles of law;
Amendment 128 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to look in detail at possible developments as regards ‘own brands’, the effects of which, especially in the current economic crisis, are positive for consumers, but in the medium to long term could become negative, not only jeopardising the competitiveness of the agri-food industry but also curtailing consumer choice if the market penetration of own brands were to exceed a certain risk threshold, which ought to be set for each category of product;
Amendment 151 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the Supply Chain Initiative and other national and EU voluntary systems (codes of good practice, voluntary dispute settlement mechanisms) should be further developed and promoted alongside relevant EU legislation ensuring that complaints can be lodged anonymously and establishing dissuasive penalties; encourages producers and traders to become involved in such initiatives; takes the view that they should play a leading role in efforts to combat UTPs;
Amendment 169 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Takes the view that the European Supply Chain Initiative needs to be changed in order to address its shortcomings, in particular by ensuring that complaints can be lodged anonymously and establishing dissuasive penalties; takes the view that the initiative needs to be brought in alongside the EU legislation required to ensure that those shortcomings are addressed;
Amendment 171 #
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Emphasises that in spite of the aforementioned initiative, producers and SMEs are being subjected to UTPs, as demonstrated by the current market crisis that certain sectors, such as the dairy industry, are experiencing;
Amendment 179 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to look in detail at possible developments as regards ‘own brands’, the effects of which, especially in the current economic crisis, are positive for consumers, but in the medium to long term could become negative, not only jeopardising the competitiveness of the agri-food industry but also curtailing consumer choice if the market penetration of own brands were to exceed a certain risk threshold, which ought to be set for each category of product;
Amendment 187 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to interpret competition law in such a way that the efficiency and welfare of producers are taken into account in order to correct the imbalances in the food chain;
Amendment 265 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to assess the voluntary and self-regulatory schemes put in place to date and the effectiveness of the regulatory action taken at national and EU level; calls for a quantitative and qualitative assessment of the problems raised and resolved between the various operators in the food chain; calls for an assessment of the likely impact of the various types of EU regulatory action that have been proposed, with due account being taken of all the possible implications for the various stakeholders and for consumer welfare;