Activities of Laurenţiu REBEGA related to 2018/0082(COD)
Plenary speeches (1)
Unfair trading practices in business-to-business relationships in the food supply chain (debate) RO
Amendments (19)
Amendment 127 #
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, in particular, 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.
Amendment 184 #
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 food supply chain and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities.
Amendment 250 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) “supplier” means any agricultural producer/supplier or any natural or legal person, irrespective of their place of establishment, who sells food products. The term “supplier” may include a group of such agricultural producers/suppliers or such natural and legal persons, including producer organisations and associations of producer organisations;
Amendment 256 #
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) “economic dependence” means unequal bargaining power between a supplier and a purchaser where the former is dependent on the latter because of the quantities supplied, the purchaser's reputation and market share or the lack of alternative outlets;
Amendment 272 #
Proposal for a directive
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) “agricultural and 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;
Amendment 291 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) “perishable food products” means agricultural and food products that will become unfit for human consumption unless they are stored, treated, packaged or otherwise conserved to prevent them from becoming unfit.
Amendment 396 #
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) a buyer does not take into account the obligation to inform the supplier, fully and unambiguously, about all the contractual provisions.
Amendment 412 #
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(db) a buyer makes the conclusion of a trade agreement dependent on payment of an annual fee and applies this retroactively.
Amendment 415 #
Proposal for a directive
Article 3 – paragraph 1 – point d c (new)
Article 3 – paragraph 1 – point d c (new)
(dc) a buyer obliges a supplier, in breach of Articles 101 and 102 TFEU (restriction of competition by means of price agreements), to reduce the price of agricultural and food products if it finds that the producer has reduced the price in other distribution networks.
Amendment 424 #
Proposal for a directive
Article 3 – paragraph 1 – point d d (new)
Article 3 – paragraph 1 – point d d (new)
(dd) a buyer obliges the supplier to pay staff for fitting-out the premises for the sale, manipulation or sale of the agricultural and food products.
Amendment 426 #
(de) a buyer obliges the supplier to assume the cost of logistics and various provisions under the following model: discount, monthly advance commission payments, discount for efficiency in acquisition, subsequent discount and new discount, which is transposed in the self- invoicing process at the end of each month.
Amendment 498 #
Proposal for a directive
Article 3 – paragraph 2 – point d a (new)
Article 3 – paragraph 2 – point d a (new)
(da) a buyer passes the costs incurred in transporting and storing the products on to the supplier;
Amendment 500 #
Proposal for a directive
Article 3 – paragraph 2 – point d b (new)
Article 3 – paragraph 2 – point d b (new)
(db) a buyer obliges the supplier to deliver the products only to the supplier's platforms;
Amendment 517 #
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. The Member States retain the right to prohibit other practices which they deem to be unfair.
Amendment 531 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The authority shall be responsible for identifying all unfair practices committed by the buyer.
Amendment 543 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 612 #
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 fine shall be effective, proportionate with regard to the damage and dissuasive, taking into account the nature, duration and gravity of the infringement;
Amendment 638 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 639 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
(2a) The Commission may call ad-hoc meetings if unfair trading practices are cross-border in nature and have particularly serious consequences.