Activities of Marijana PETIR related to 2015/2065(INI)
Plenary speeches (2)
Unfair trading practices in the food supply chain (A8-0173/2016 - Edward Czesak) HR
Unfair trading practices in the food supply chain (short presentation) HR
Amendments (33)
Amendment 53 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reminds the Commission that the European Parliament's own initiative report adopted in December 2013 called on the Commission to examine the need and possibility of independent enforcement to address the so-called 'fear factor' among primary producers in the supply chain; urges the Commission to consider this in its own report;
Amendment 63 #
Motion for a resolution
Recital K
Recital K
K. whereas the ‘fear factor' caoften comes into play in commercial relationships, with the weaker party being unwilling to lodge a complaint about UTPs imposed by the stronger party, out of concern that this would put an end to their commercial relationship;
Amendment 68 #
Draft opinion
Paragraph 3
Paragraph 3
3. Doubts whether voluntary initiatives are adequate forto addressing UTPs and the acknowledged ‘'fear factor’' and UTPs in the supply chain arising from the imbalance of power between farmers and retailers;
Amendment 72 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the steps taken to date by the Commission to combat UTPs with a view to securing a more balanced market but believes that this could go further;
Amendment 81 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the action takenprinciples of good practice for vertical relationships in the food supply chain action adopted 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 principles also provide examples of fair and unfair practices;
Amendment 85 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. WelcomAcknowledges the setting up of the Supply Chain Initiative, which has resulted in the adoption of a set ofset up a voluntary framework for the implementation of the principles of good practice in B2Bfor vertical relationships 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 realn impact but will not be enough to curb them;
Amendment 91 #
Draft opinion
Paragraph 4
Paragraph 4
4. Questions the Commission’'s unwavering support for the SCI, given the reluctance of farmers to participate; regrets the pre- emptive conclusion thato exclude regulatory action at EU level is not foreseenthus further enhancing the risk of a fragmented internal market;
Amendment 108 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to assess the SCI in terms of effectiveness, taking into account concerns cited by the farming community; cautions the Commission to avoid assessing the voluntary initiative based solely on the number of registered participants;
Amendment 115 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Confirms the existence of UTPs in the food supply chain and acknowledges that they are contrary to the basic principles of law and business ethics;
Amendment 130 #
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that several Member States have initiated actions in national lawvoluntary codes and legislative measures to address the concerns of primary producers regarding the negative impact of UTPs; asks the Commission to assess these national efforts with a view to selecting best practices for application at EU level; notes in particular the Groceries Code Adjudicator in the UK as aone potential model for adaptation at EU level;
Amendment 136 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that UTPs imposed by parties in a stronger bargaining position clearly have a negative impact; stresses that UTPs can hamper business competitiveness, investment and product innovation across the food supply chain;
Amendment 174 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that actione need to combat UTPs will help to ensure thea proper functioning of the internal market and to develop cross- border trading in the EU;
Amendment 202 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that taking advantage of a stronger bargaining position to impose UTPs is a violation of the principle of freedom to contract, as the stronger party has more say in the shape that the business relationship is to take and canmay unilaterally impose terms that disproportionately serve its own financial interests, and the weaker party has no option other than to agree to those terms; believes that steps need to be taken to build mutual trust between supply chain partners, on the basis of the principles of freedom to contract, equivalence of benefits and freedom to take advantage of those benefits;
Amendment 250 #
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 281 #
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
- having regard to the European Parliament's Annual report on EU Competition Policy, particularly paragraph 104,
Amendment 285 #
Motion for a resolution
Citation 17 b (new)
Citation 17 b (new)
- having regard to the UK Groceries Code Adjudicator investigation into Tesco PLC from January 2016,
Amendment 298 #
Motion for a resolution
Recital K
Recital K
K. whereas the ‘fear factor' caoften comes into play in commercial relationships, with the weaker party being unwilling to lodge a complaint about UTPs imposed by the stronger party, out of concern that this would put an end to their commercial relationship;
Amendment 300 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the steps taken to date by the Commission to combat UTPs with a view to securing a more balanced market but believes that this could go further;
Amendment 302 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the steps taken to date by the Commission to combat UTPs with a view to securing a more balanced market; regrets the Commission's conclusion in its 2016 report on unfair business-to- business trading practices in the food supply chain, that it does not currently propose to adopt a harmonised regulatory approach to tackle unfair trading practices at EU level;
Amendment 306 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the action takenprinciples of good practice for vertical relationships in the food supply chain action adopted 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 principles also provide examples of fair and unfair practices;
Amendment 308 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. WelcomAcknowledges the setting up of the Supply Chain Initiative, which has resulted in the adoption of a set ofset up a voluntary framework for the implementation of the principles of good practice in B2Bfor vertical relationships 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 realn impact but will not be enough to curb them;
Amendment 317 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reiterates farmers reluctance to join the Supply Chain Initiative due to the lack of anonymous complaints and sanctions; notes that in the case of Finland, farmers joined the SCI and subsequently left due to these limitations;
Amendment 338 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the regulatory action taken by some Member States, which have introduced provisions supplementing national competition law, broadened the scope of application of the directives on UTPs byfact that more than 20 Member States have or are planning to introduce legislation to tackle UTPs, indicating the extendingt of their provisions to cover B2B relations, and set up independent enforcement agenciesblem and the need for legislative action at EU level so as to ensure a level playing field;
Amendment 342 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Confirms the existence of UTPs in the food supply chain and acknowledges that they are contrary to the basic principles of law and business ethics;
Amendment 346 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that UTPs imposed by parties in a stronger bargaining position clearly have a negative impact; stresses that UTPs can hamper business competitiveness, investment and product innovation across the food supply chain;
Amendment 348 #
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; encourages producers and traders to become involnotes that the Commission states in its recent report that the SCI needs to be improved, in such initiatives; takes the view that they should play a leading role in efforts to combat UTPparticular to take account of confidential complaints, and the granting of investigations and sanctioning powers to independent bodies;
Amendment 353 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Acknowledges, nonetheless,Emphasises that voluntary and self- regulatory schemes are not enough to put an end to UTPs once and for all, owing to the lack of effective enforcement mechanismssufficient in eradicating UTPs from the food supply chain once and for all; calls therefore on the Commission to consider framework legislation that would protect all stakeholders in the food supply chain, including those who are already fully engaged with the SCI;
Amendment 355 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Points to the UK Groceries Code Adjudicator as a possible model for adaption at EU level which could create a real deterrent to unfair trading practices and help to eliminate the fear factor;
Amendment 356 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that actione need to combat UTPs will help to ensure thea proper functioning of the internal market and to develop cross- border trading in the EU;
Amendment 363 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that taking advantage of a stronger bargaining position to impose UTPs is a violation of the principle of freedom to contract, as the stronger party has more say in the shape that the business relationship is to take and canmay unilaterally impose terms that disproportionately serve its own financial interests, and the weaker party has no option other than to agree to those terms; believes that steps need to be taken to build mutual trust between supply chain partners, on the basis of the principles of freedom to contract, equivalence of benefits and freedom to take advantage of those benefits;
Amendment 368 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission to submit specific proposals for EU legislation banning UTPs in the food supply chain that will enable markets to operate as they should and fair and transparent relations to be maintained between food producers, suppliers and distributors; notes that the food supply chain operating on the single European market extends beyond Member States’ borders and that is therefore essential that the EU should, as soon as possible, establish an appropriate legislative framework to regulate this area and meet existing needs;
Amendment 371 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. UNotes the Commission's intention in its 2016 report to closely monitor the different approaches for tackling UTPs at Member State level; urges the Commission to submit specific proposals for EUframework legislation banning UTPs in the food supply chain that will enable markets to operate as they should and fair and transparent relations to be maintained between food producers, suppliers and distributorso as to ensure a level playing field across the Member States;
Amendment 387 #
Motion for a resolution
Paragraph 20
Paragraph 20