9 Amendments of Ulla TØRNÆS related to 2015/2065(INI)
Amendment 27 #
Motion for a resolution
Recital E
Recital E
E. whereas UTPs can occur where there is a lack of economic balance in trading relations between partners in the food supply chain, resulting from bargaining power disparities in business relations and constituting, a serious disturbance to market balancelmost all trade relations, also between entities of different sizes, are carried out in mutual respect;
Amendment 34 #
Motion for a resolution
Recital F
Recital F
F. whereas unfair practices may have harmful consequences for the food supply chain, which in turn may have a detrimental impact on the entire EU economy; whereas UTPs may discourage cross-border trade in the EU and hinder the proper functioning of the internal marketindividual actors in the food supply chain; whereas unfair practices can result in particular in individual 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 60 #
Motion for a resolution
Recital J
Recital J
J. whereas UTPs are covered only in part by competition law, the provisat different levels and in different forms in national contract regulations and the questions of which relate to only a few UTPsbalance of power ins the B2B food supply chainackled by competition law;
Amendment 109 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. WelcomNotes 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 by extending their provisions to cover B2B relations, and set up independent enforcement agencies;
Amendment 127 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Endorses the Commission's view that UTPs can potentially arise as a result of a lack of balance in commercial relationships and a worrying increase in the bargaining power of larger entities, which gives them a dominant position on the market that allows them to impose unfavourable contractual terms on weaker trading partners and to make use of unfair practices that grossly deviate from good commercial conduct and are contrary to the principles of good faith and fair dealing; condemns practices that exploit imbalances in bargaining power between economic operators and have an adverse effect on freedom to contract;
Amendment 160 #
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 205 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that taking advantage of a stronger bargaining position to impose UTPs is a violationBelieves that steps need to be taken to build mutual trust between supply chain partners, on the basis of the principles of freedom to contract, as the stronger party has more say in the shape that the business relationship is to take and can 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 pa; sees freedom of contract as adamant to all actors in the supply chain; states that in face of unfair demands from one contracting party, the other party is free not to engage in a trading relation; states that unilateral retroactive changes to contracts by a stronger party is indeed a breach of contract; stresses that furtnhers, on the basis of the principles of freedom to contract, equivalence of benefits and freedom to take advantage of those benefi attention should be given to ease the access and viability of pursuing such breaches to help the weaker parties demand their rights;
Amendment 247 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes strongly that a single, clear, precise and binding definition of UTPs should be drawn up, so as to allow effective rules to be laid down with a view to combating such practicesthat a more clear definition of UTPs should be drawn up;
Amendment 257 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for due account to be taken, when drafting rules in this area, of the specific features of each market and the legal requirements obtaining on it, the different situations and approaches in individual Member States, the degree of consolidation or fragmentation of individual markets, and other significant factors; takes the view that such regulatory efforts should ensure that there is relatively broad discretion to tailor the measures to be taken to the specific features of each market and should be based on the general principle of improving enforcement by involving the relevant public agencies;